Fully recognizing dignity and equality values under the developing ECHR right to a same-sex registered partnership?

Helen Fenwick, Daniel Fenwick

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

At the present time the majority of ECHR contracting states have introduced forms of registered partnerships for same sex couples, in some instances as a stepping stone to same sex marriage. The Strasbourg Court, as this chapter will argue, is close to recognizing a right to such a partnership for same sex couples under Articles 8 and 14 ECHR or Article 8 read alone. In relation to certain contracting states taking a stance opposed to, or reluctant/equivocal as to formalization of same sex relationships, the Strasbourg stance is potentially crucial. Thus this chapter argues that the Strasbourg Court should cease to hesitate on the brink of recognizing a right to such formalization, and confirm that it exists within the framework of the ECHR.
Original languageEnglish
Title of host publicationResearch Handbook on Gender, Sexuality and the Law
EditorsChris Ashford, Alexander Maine
PublisherEdward Elgar
Chapter10
Pages120-133
Number of pages14
ISBN (Electronic)9781788111157
ISBN (Print)9781788111140
DOIs
Publication statusSubmitted - 2019

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