Another ECHR judgment on the lack of legal recognition of same-sex unions in Poland
Date:
The case of Szypuła and Others v. Poland (application no. 78030/14, examined together with application no. 23669/16) concerned same-sex couples who intended to marry abroad. The applicants alleged violations of Articles 8, 12 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in conjunction with Article 8, in connection with the refusal to issue the applicants with certificates stating that there were no circumstances precluding the possibility of marrying outside Poland.
Having analysed the circumstances of the case, the Court pointed out that Article 8 of the Convention implied a positive obligation to ensure that the applicants had a specific legal framework providing for the recognition and protection of their same-sex unions. By failing to provide the applicants with a specific legal framework, the Polish authorities created a situation of ‘legal vacuum’ and failed to provide for the core needs of recognition and protection of same-sex couples in a stable and committed relationship.
In its judgment, the Court reiterated the theses set out in its earlier decisions against Poland: Przybyszewska and Others v. Poland (Application no. 11454/17) and Formela and Others v. Poland (Application no. 58828/12). According to the opinion submitted to the draft law on registered partnerships, The Commissioner for Human Rights pointed out that the introduction of civil unions by law does not violate the Constitution of the Republic of Poland, including its Article 18, which implies that marriage is a union between a man and a woman.
The Commissioner is monitoring the measures taken by the competent authorities to comply with the abovementioned judgments of the Court of Justice.
https://bip.brpo.gov.pl/pl/content/etpc-polska-kolejny-wyrok-brak-uznania-zwiazkow-jednoplciowych
