The Challenges of Saying ‘I do’ for same-sex couples: The Human Rights Centre submits a Third Party Intervention in transnational same-sex marriage case

By Claire Poppelwell-Scevak (PhD Researcher at the Human Rights Centre, Ghent University) and Sarah Den Haese (PhD Researcher at the Human Rights Centre, Ghent University)

The Human Rights Centre of Ghent University[1] (Belgium) recently submitted a third party intervention (TPI) before the European Court of Human Rights in the communicated case of Szypuła v. Poland and Urbanik and Alonso Rodriguez v. Poland. The issue is the restrictive marriage eligibility measures in Poland that prevent Polish nationals who are in a same-sex relationship from enjoying their right to marry abroad in countries which allow for same-sex marriage (in these two cases, Spain). In our submission, we argue that this case raises important issues under the right to marry (Article 12 ECHR), taken alone and in conjunction with the prohibition of discrimination (Article 14 ECHR), providing the Court with an important opportunity to clarify the scope of the right to marry, specifically in a transnational context, of same-sex couples. Further, we invite the Court to clarify the obligations weighing on both of the member states concerned. An overview of the facts as well as a summary regarding our main arguments are provided hereunder.

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