Violation of the Right to Private and Family Life in Case of Lack of Official Recognition of Same-sex Relationships

Abstract

The present study focuses on presenting the positive obligations of the signatory states of the European Convention on Human Rights, under Art. 8 of the Convention, to provide a legal framework enabling same-sex couples to enjoy adequate legal protection of their relationship. In order to achieve the proposed research objective, we considered the most recent cases before the European Court of Human Rights, namely the case Buhuceanu et al. against Romania, respectively the case of Fedotova against Russia.

Keywords

• private and family life
• same-sex relationships
• margin of appreciation
• positive obligations