The current Russian legislation does not contain special norms aimed at regulatingrelations in same-sex family unions. There are arguments in favour of providing access to civil marriage to same-sex couples. Author believes that such a decision is possible in the form of civil partnership. Providing access to legal recognition to same-sex couples boils down to a simple concept: The legal regulation of hereditary legal relations in same-sex unions also has its own characteristics. The considerations I offer in this section are strictly about civil marriage and not religious marriage. States should promote respect for lesbian, gay and bisexual persons and combat discrimination based on sexual orientation through human rights education and awareness-raising campaigns.
Many Council of Europe member states still do not provide any form of legal recognition for same-sex couples at all — with significant negative consequences for the persons concerned and their loved ones. Civil marriage, civil unions, or registered partnerships represent benefits, rights and obligations that the state grants to a couple in a stable relationship. Like marriage, a registered partnership brings rights and obligations to the relationship of committed couples. In many countries that legalizedsame-sex marriages, civil partnerships for same-sex couples were an intermediate step towardsmarital equality. Stable same-sex couples also have no access to tax advantages provided by the state to other couples. If a same-sex couple chooses to separate, there is no framework to regulate maintenance rights and duties toward each other or for the children. Polls show that public opinion in many European countries is increasingly in favour of recognising the rights of same-sex couples -- much more so than politicians sometimes seem to believe. Some of the states which have done so, however, such as Croatia and Hungary, provide registered partnerships for same-sex couples. Diminuer la taille du texte Augmenter la taille du texte Imprimer la page Imprimer en PDF There is a growing trend in Europe and beyond towards granting same-sex couples legal recognition for their relationships, which confers certain specific protections. Now, same-sex unions are official in somecountries in Europe and in many US states. The considerations I offer in this section are strictly about civil marriage and not religious marriage. Before that, in , demonstrations and counter-demonstrations polarised French society during parliamentary debates on same-sex marriage. Legal regulation of family relations with a foreignelement has a complex, multilevel nature that includes material and conflict norms contained inmultilateral and bilateral international treaties and in domestic law. The current Russian legislation does not contain special norms aimed at regulatingrelations in same-sex family unions. The recent jurisprudence of the European Court of Human Rights the Court or ECtHR gives solid ground for recognising the existing needs of stable same-sex couples, who must be able to enjoy the same rights as stable different-sex couples. Several European states have reacted by amending their constitutions to specify that marriage is exclusively the union of a man and a woman. Draft legislation on registered same-sex partnerships is currently under discussion in San Marino and Monaco. International human rights law currently does not create an obligation on states to allow same-sex couples to marry. Providing access to legal recognition to same-sex couples boils down to a simple concept: Same-sex couples in this situation have the same needs and problems as any other couple. In , the Court issued a judgment in the Oliari case, where three same-sex couples had complained that they had no option to obtain legal recognition of their relationship in Italy, either through marriage or a registered partnership. My opinion is that genuine commitment to full equality would at least require states to seriously consider opening up civil marriage to same-sex couples. It is difficult to read the Oliari judgment, and concurring opinion, as anything else than placing a positive obligation on states parties to the ECHR to provide legal recognition to same-sex couples as a way to protect their right to family life. In , joyful crowds waved rainbow flags at Dublin Castle in Ireland to celebrate the dramatic victory of the yes-vote for same-sex marriage. States should promote respect for lesbian, gay and bisexual persons and combat discrimination based on sexual orientation through human rights education and awareness-raising campaigns. Author believes that such a decision is possible in the form of civil partnership.
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'Wake up Italy,' marches take place in favour of same-sex civil unions
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