Oliari, Orlandi and Homophobic Dissenting Opinions: The Strasbourg Approach to the recognition of same-sex marriages

By Claire Poppelwell-Scevak, PhD FWO Fellow, Gent University

From first glance, the decision of Orlandi and Others v Italy on 14 December 2017, may appear as a step in the direction of same-sex couples being afforded the protection of Article 12 ECHR – the right to marry. However, when one digs a little deeper into this case, there is only dismay that the Strasbourg Court has continued to reinforce its ‘same same but different’ interpretation of the Convention instead of being at the forefront of this struggle for equality. Continue reading

Seminar: European Human Rights Culture – What Role for the Margin of…

On 15 February 2018, an expert will be held at the European Court of Human Rights in Strasbourg, focusing on that evergreen of ECHR scholarship: the margin of appreciation.

The speakers include scholars of ECHR law – including the Strasbourg Observer’s Professor Eva Brems – and legal theory, as well as ECtHR Judge Paul Lemmens.

For further information, please visit the seminar’s website. Note that the registration deadline is 5 February.

Same Same But Different: A heterosexual couple denied registered partnership by the ECtHR

By Claire Poppelwell-Scevak, FWO Research Fellow, Human Rights Centre (Ghent University)

On 26 October 2017 the European Court of Human Rights held in Ratzenböck and Seydl v Austria that Austria’s registered partnership law, which is only open to homosexual couples, did not violate the European Convention on Human Rights by denying this registered partnership to a heterosexual couple. The judgment given by the seven member – although there was a two judge dissenting opinion – bench can be seen as a warning to future same-sex marriage proponents that their claims will not be favourably assessed. Continue reading