Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment

Submitted jointly by ILGA-Europe and AIRE Centre

Find here the communicated case.

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Significant European Court judgments in two cases concerning violence against LGBTI people involving state agents

Two successful European Court cases brought against Russia underline state obligations to protect LGBTI community from violent counter demonstrators and general hate motivated violence.
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Romania failed to protect same-sex couples, European court rules

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.
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European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

Published in 2013 by the Lithuanian University of Educational Sciences and written by the late lesbian writer, Neringa Dangvyde Macate, the book was entitled ‘Amber […]
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News

After Polish Case, CJEU Rules to Protect Self-employed Workers based on Sexual Orientation

In December 2017, a self-employed worker and his partner published a music video on YouTube aimed at promoting tolerance towards same-sex couples. Shortly after the […]
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Press Release

LGBTI organisations welcome EU parental recognition proposal with the best interests of the child at its core

EU-wide parenthood recognition is key in ensuring equal protection for all children in the Union, say ILGA-Europe and NELFA.
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News

Sexual orientation is not a reason to terminate a contract with a self-employed worker, says Advocate General of the CJEU

Today, the Advocate General of the CJEU has issued an opinion in the case of J.K. vs the Polish public broadcaster company TP, stating that discrimination based on sexual orientation in employment is not acceptable under EU law.
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News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
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News

Complaint Filed with EC Against Lack of Free Movement for Same-sex Couples in hungary

ILGA-Europe, alongside a Hungarian activist organisation, have filed a complaint against Hungary because of its refusal to implement the 2018 Coman judgement, which recognises that […]
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Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
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Case Law

Macaté v. Lithuania

Freedom of expression, warning labels restricting artistic expression.
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Blog

What has 2021 meant to the LGBTI movement in Europe? Listen to our latest podcast episode to find out this year’s highlights

As 2021 comes to an end, we have collected some of the moments, events and trends that have marked the year in the latest episode of The Frontline, ILGA-Europe’s podcast about LGBTI activism and lives in Europe and Central Asia. Read here some of the episode’s highlights and find out reasons to stay hopeful in 2022.
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Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
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Case Law

Coman and Others v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment.
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Blog

How trans parents are better protected after European Court ruling

Recently, the European Court of Human Rights ruled in favour of a trans woman in Russia who was denied access to her children because of her gender identity and transition. Read on to find out how this may benefit all trans and LGBTI parents in Europe.
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News

European Court rules in favour of the best interest of the child in same-sex custody case

The European Court of Human rights has ruled that the refusing a mother custody of her youngest child on the grounds of her sexual orientation to be discriminatory and a violation of her right to private and family life.
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Press Release

LGBTI organisations welcome European Court judgement in favour of trans parental rights in Russia

Today, in a landmark judgement strongly welcomed by TGEU and ILGA-Europe, the European Court of Human Rights has ruled in favour of a woman in […]
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Blog

Freedom of movement for same-sex spouses: The Coman Case, 3 years on

ON 5 JUNE 2018, THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) ISSUED A LANDMARK JUDGEMENT AGAINST ROMANIA, RECOGNISING THAT THE TERM SPOUSE INCLUDES SAME-SEX SPOUSES UNDER EU FREEDOM OF MOVEMENT LAWS. THREE YEARS LATER, CLAI HAMILTON, SPOUSE OF ROMANIAN CITIZEN ADRIAN COMAN, HAS NOT BEEN GRANTED RESIDENCY YET. NOW THEY’VE BROUGHT THE CASE TO THE EUROPEAN COURT OF HUMAN RIGHTS (ECHR). HERE, ADRIAN COMAN TALKS ABOUT THE ORIGINAL CASE, AND HIS HOPES WITH THIS LATEST DEVELOPMENT.
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Podcast

Rainbow Family Rights in Europe – Part 4: At a Crossroads in Ukraine

Several pathways for partnership rights were part of the Ukraine took in EU-Ukraine Association agreement 2014-2016. Based on it the Ukrainian government developed a human […]
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Podcast

Rainbow Family Rights in Europe – Part 1: The Coman Case Three Years On

Three years ago, Adrian and his partner Clai were successful bringing their case to the Court of Justice of the European Union, which judged that […]
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News

Is The EU an LGBTIQ Freedom Zone? 

The ambition is right, but the reality is very different, says leading European LGBTI rights organisation
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News

European Court will consider lack of implementation of EU law to enable freedom of movement for same-sex spouses

Almost three years after the European Court ruled that Romania must recognise a same-sex couple under EU freedom of movement legislation, its government is yet to implement the judgement.
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Blog

“If You Are Parent in One Country, You Are Parent in Every Country”: But still today a child can be stateless in the EU just because it has two mothers

A baby born to two mothers, one from Gibraltar and one from Bulgaria, has become a test case at the European Court of Justice for the freedom of movement of rainbow families in the EU. Read on and find out how to join our campaign for parents without borders!
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Press Release

LGBTI rights groups welcome judgement finding Romania in violation of the European Convention on Human Rights because of a lack of proper legal framework for legal gender recognition

Romania has been found to be in violation of the European Convention on Human Rights because its authorities present transgender people with an impossible dilemma. 
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Press Release

The European Court of Human Rights finds Croatian response to violent homophobic attack fosters impunity for hate crime

A judgement issued today by the European Court of Human Rights finds that the response of Croatian authorities to a hate crime against a lesbian woman was “particularly destructive of fundamental human rights”.
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Case Law

V.D. v Russia

Asylum. Submitted jointly by ILGA-Europe, AIRE Centre, ICJ and UKLGIG.
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News

ILGA-Europe welcome a landmark judgment by the European Court of Human Rights concerning the deportation of a gay man to The Gambia

Yesterday, in the case of B. and C. v Switzerland, for the first time the European Court of Human Rights found that deportation of the applicant, a gay man, would give rise to a violation of Article 3 due to failure by the responding State to assess the risks of ill-treatment for a gay person in The Gambia, and the availability of State protection against ill-treatment emanating from non-State actors.
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Case Law

A.H. and Others v Germany

Recognition of trans parenthood.
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Case Law

Buhuceanu and Ciobotaru v. Romania

Recognition of same-sex unions. Submitted jointly by ILGA-Europe, FIDH, NELFA and ECSOL. 
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Case Law

Y. v France

Recognition of non-binary identities. Submitted jointly by ILGA-Europe, OII Europe, and C.I.A. (Collectif intersexes et allié-e-s).
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Press Release

ILGA-Europe, TGEU and Transvanilla welcome landmark judgement from the European Court of Human Rights recognising the right of refugees to legal gender recognition

In the judgement Rana v. Hungary delivered today, the European Court of Human Rights (ECHR) held that Hungary had breached its obligation to protect the right to private life under Article 8 of the Convention by rejecting the application of an Iranian transgender refugee to have his name and sex marker changed officially.
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