The Court ordered Italy to protect the rights of same-sex couples – either married or union!


European Court of Human Rights in Strasbourg (ECHR) unanimously that the absence of the laws of Italy regulations that protect the rights of same-sex couples is a violation of the right to respect for private life guaranteed by Article 8 of the European Convention on Human Rights.

The lawsuit filed in the ECHR three homosexual couples. This happened after 2003 they unsuccessfully sought the implementation of constitutional rights in the courts of Italy. The last decision before the Italian courts was adopted five years ago on this issue. Then, the Constitutional Court ruled that the provisions of the Civil Code of belonging to different sex spouses do not contradict the Basic Law. At the same time, however, the Constitutional Court pointed out to lawmakers on the need to develop legal forms of the existence of same-sex couples. The case became known as “Oliari (on behalf of one of the applicants Ernesto Oliari) and others against Italy”.

The verdict, which was published yesterday on the official website of the ECHR, the judge pointed out that 24 of the 47 countries of the Council of Europe, there are legal forms of recognizing the rights of same-sex couples. In the 11 countries recognized marriage equality. The judges decided that Italy now “does not provide the basic needs of same-sex couples who are in a stable relationship.” Existing legislation judge found insufficient.


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