EIT: Mahdottomuus rekisteröidä samaa sukupuolta olevien suhde Puolassa rikkoo perhe-elämän suojaa

13.12.2023 | Oikeusuutiset

Markku Fredman

Lack of any form of legal recognition and protection for same-sex couples in Poland breaches the Convention

In today’s Chamber judgment in the case of Przybyszewska and Others v. Poland (applications nos. 11454/17 and 9 others) the European Court of Human Rights held, by six votes to one, that
there had been:

  • a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

The case concerned the alleged lack of any form of legal recognition and protection available for same-sex couples in Poland.

The Court considered that the Polish State had failed to comply with its duty to ensure that the applicants had a specific legal framework providing for the recognition and protection of their same-sex unions. That failure had resulted in the applicants’ inability to regulate fundamental aspects of their lives and amounted to a breach of their right to respect for their private and family life.

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