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Home > Resources > Guide to the European institutions > Council of Europe > Council of Europe and LGBTI rights > European Court of Human Rights and litigation > Same-sex family related issues

Same-sex family related issues

Find cases and judgments regarding discrimination against unmarried same-sex partners (compared with unmarried different-sex partners) and parenting.

PDF icon Judgment Oliari and Others vs Italy 21 July 2015 [1]
PDF icon Judgment Karner v. Austria 24 July 2003 [2]
PDF icon Judgment Kozak v. Poland 2 March 2010 [3]
PDF icon Judgment J.M. v. United Kingdom 28 September 2010 [4]
PDF icon Judgment Schalk and Kopf v. Austria 24 June 2010 [5]
PDF icon Judgment P. B. and J. S. v. Austria 22 July 2010 [6]
PDF icon Judgment Vallianatos and others v. Greece 7 November 2013 [7]
PDF icon Judgment Mouta v. Portugal 21 Dec. 1999 [8]
PDF icon Judgment E.B. v. France 22 Jan. 2008 [9]
PDF icon Grand Chamber judgment X and others v. Austria 19 February 2013 [10]

Discrimination against unmarried same-sex partners (compared with unmarried different-sex partners)

  • Tenancy succession rights
    • Karner v. Austria [11] (24 July 2003) (violation of Article 8, respect for home, together with Article 14) (only unmarried different-sex and not same-sex partners could succeed to a tenancy after the death of the official tenant)
    • Kozak v. Poland [12] (2 March 2010) (same issue as Karner v. Austria)
  • Reduction in child maintenance payments when absent parent enters new relationship must also apply to those in same-sex relationships
    • J.M. v. the United Kingdom [13] (28 September 2010)
  • Recognition that same-sex couples enjoy "family life" under Article 8
    • Schalk & Kopf v. Austria [14] (24 June 2010): (the Court rejected the applicants’ claim that their denial of marriage violated their rights under Article 12, and Articles 8 and 14. Despite this, the case marks an important step forward, since, for the first time, the Court recognized that the relationship of cohabiting same-sex couples living in a stable de facto partnership falls within the Article 8 notion of ‘family life’ - see paragraph 94).
  • Sickness insurance available to the unmarried different sex partner of an insured person must also be available to a same-sex partner
    • P.B. and J.S. v. Austria [15] (22 July 2010) (in this case the Court also reaffirmed the principle established in Schalk and Kopf that the Article 8 notion of "family life" applies to same sex couples).
  • Civil unions for same-sex couples
    • Joint cases of Vallianatos and Mylonas v. Greece and [16]C.S. and others v. Greece [17](7 November 2013) (the Court ruled that Greece had violated the European Convention on Human Rights by excluding same-sex couples from a “civil union”, restricted in Greece to heterosexual couples).
    • Oliari and Others vs Italy [18] (21 July 2015) (Court ruled that Italy’s failure to provide any form of legal recognition for same-sex couples is a violation of Article 8 of the European Convention of Human Rights).

Parenting

  • Custody of an LGBT individual's genetically-related children after a divorce:
    • Mouta v. Portugal [19](21 Dec. 1999) (violation of Articles 8, family life, with Article 14)
  • In states which allow adoption by individuals, any decisions regarding adopters to be taken without discrimination on basis of sexual orientation:
    • E.B. v. France [20] (22 Jan. 2008) (violation of Article 14 combined with Article 8, private or family life)
  • Equal treatment of unmarried couples to same-sex couples applying for second-parent adoption:
    • X and Others v. Austria [21](19 Feb. 2013) (violation of Article 14 combined with Article 8, private or family life)

Source URL: https://ilga-europe.org/resources/guide-european-institutions/council-europe/lgbti-rights/ECtHR/same-sex-family-related-issues

Links
[1] https://ilga-europe.org/sites/default/files/Attachments/judgment_oliari_and_others_v._italy_-_impossibility_of_legal_recognition_for_same-sex_relationships.pdf
[2] https://ilga-europe.org/sites/default/files/Attachments/judgment_karner_v._austria_24_july_2003.pdf
[3] https://ilga-europe.org/sites/default/files/Attachments/judgment_kozak._v_poland_2_march_2010.pdf
[4] https://ilga-europe.org/sites/default/files/Attachments/judgment_j.m._v._the_united_kingdom_28_september_2010.pdf
[5] https://ilga-europe.org/sites/default/files/Attachments/judgment_schalk_and_kopf_v._austria_24_june_2010.pdf
[6] https://ilga-europe.org/sites/default/files/Attachments/judgment_p.b._and_j.s._v._austria_22_july_2010.pdf
[7] https://ilga-europe.org/sites/default/files/Attachments/judgment_vallianatos_and_others_v._greece.pdf
[8] https://ilga-europe.org/sites/default/files/Attachments/judgment_mouta_v._portugal_21_dec._1999.pdf
[9] https://ilga-europe.org/sites/default/files/Attachments/judgment_e.b._v._france_22_jan._2008.pdf
[10] https://ilga-europe.org/sites/default/files/Attachments/grand_chamber_judgment_x_and_others_v._austria_19.02.13.pdf
[11] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_karner_v._austria_24_july_2003.pdf
[12] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_kozak._v_poland_2_march_2010.pdf
[13] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_j.m._v._the_united_kingdom_28_september_2010.pdf
[14] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_schalk_and_kopf_v._austria_24_june_2010.pdf
[15] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_p.b._and_j.s._v._austria_22_july_2010.pdf
[16] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_vallianatos_and_others_v._greece.pdf
[17] http://www.ilga-europe.org/media_library/ilga_europe/how_we_work/litigation/ecthr/judgment_vallianatos_and_others_v_greece
[18] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_oliari_and_others_v._italy_-_impossibility_of_legal_recognition_for_same-sex_relationships.pdf
[19] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_mouta_v._portugal_21_dec._1999.pdf
[20] http://www.ilga-europe.org/sites/default/files/Attachments/judgment_e.b._v._france_22_jan._2008.pdf
[21] http://www.ilga-europe.org/sites/default/files/Attachments/grand_chamber_judgment_x_and_others_v._austria_19.02.13.pdf