(Blogmensgo, gay blog of 01 August 2015) The European Court of Human Rights (ECHR) condemned Italy for failing to respect for private and family life, in a judgment of 21 July 2015. The court criticized this country to have legalized gay civil unions or marriage or introducing unequal treatment damaging to gay couples and lesbians stable.The condemnation of Italy was pronounced unanimously by seven judges. If the judges agree on the legal texts applicable to that conviction, they differ – discussed below – about the motives of those same texts.
The case “Oliari and others against Italy” ( judgment | news ) results from the assignment of Italy by three homosexual couples. Can neither marry nor PACS, they said moreover suffer discrimination (fiscal, social, etc.) associated with this double impossibility.
The judges emphasized that of 47 Member States of the ECHR, as many as 24 states have legalized gay marriage or civil unions, whatever the name and actual status. Italy remains the only great state in Western Europe not legalize any form of civil union, whether it is a marriage, a PACS, a registered partnership or special status.
“A civil union or registered partnership would be the most appropriate way that is legally recognized relationship of same sex as the applicants. ”
Stop ECHR, 21 July 2015.
The ruling states that the EHCR does not impose an obligation to legalise gay marriage, Italy or elsewhere, when there is a device providing significant rights and benefits to homosexual couples benefit from this device.
Italy has been convicted of a violation of Article 8 of the Convention on the protection of family life. The judges noted that a homosexual couple living in concubinage is the notion of “family life” as soon as the partnership is stable.
Such a pair therefore has the right, like any other couple, to benefit from the security that ‘bring the rights and benefits conferred by the administration to married couples, civil unions or domestic partners.
On this point, three of the seven judges issued an opinion discordant. They recognize that Italy should have given legal recognition to stable homosexual couples, with all related rights and benefits. According to the three judges, this obligation does not stem from recognition of the European Convention on Human Rights, but the various Italian courts – particularly the Constitutional Court – which have so agreed.
Pay the costs, Italy must also pay 5,000 euros to each of the six applicants for non-pecuniary damage, plus 4,000 euros to the two main applicants, plus a total of 10,000 euros to the other four applicants.
The Italian Prime Minister Matteo Renzi, has promised to introduce before the end of 2015 a draft law on civil unions. Senators – including the opposition – currently blocking a similar text by dropping thousands of amendments.