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)