Oliari and Others v. Italy
| Oliari and Others v. Italy | |
|---|---|
| Decided 21 July 2015 | |
| Nationality of parties | Italian |
| Ruling | |
| Same-sex couples have a positive right under the Convention to have their relationships recognized by the State | |
| Court composition | |
| President Päivi Hirvelä | |
| Judges | |
| Instruments cited | |
| Article 8 | |
Oliari and Others v. Italy (Application nos. 18766/11 and 36030/11) is a case decided in 2015 by the European Court of Human Rights (ECtHR) in which the Court established a positive obligation upon member states to provide legal recognition for same-sex couples.
Background[edit]
The ECtHR previously held in Schalk and Kopf v. Austria (2010) that the Convention does not oblige member states to open marriage to same-sex couples, but if there is a different type of partnership scheme, same-sex couples may not be excluded per Vallianatos and Others v. Greece (2013).[1]
Same-sex marriage is not legal in Italy, nor did the country at the time of the case provide any other type of recognition for either opposite-sex or same-sex couples.
The applicants were three same-sex couples who submitted their cases in 2011 after Italian courts rejected their requests to have their marriage recognized. [2]
Judgment[edit]
The Court held that Italy, by not legally recognizing same-sex relationships, violated Article 8 of the European Convention on Human Rights ("Right to respect for private and family life").
In the review of relevant law, the Court also referenced Obergefell v. Hodges, a United States Supreme Court ruling legalising same-sex marriage,[3] which was published just a few days before the ECtHR deliberated in Oliari and Others v. Italy.
However, the ECtHR found that, despite the evolution of states in favour of legalising same-sex marriage, there was no violation of Article 12 (right to marry),[2] and thus confirmed its previous ruling in Schalk and Kopf v. Austria (2010).
Aftermath[edit]
In May 2016, almost one year after the Court's ruling, the Italian Parliament passed a civil unions law, which grant same-sex couples all of the legal protections enjoyed by opposite-sex married couples. The law came into effect in June of the same year.
See also[edit]
- Recognition of same-sex unions in Europe
- Recognition of same-sex unions in Italy
- List of LGBT-related cases before international courts and quasi-judicial bodies
References[edit]
- ^ "VALLIANATOS AND OTHERS V. GREECE: WHAT IS IN THERE FOR LITHUANIA?". Retrieved 20 July 2023.
- ^ a b "European Court of Human Rights: Decision on Gay Marriage in Italy". Library of Congress. 14 September 2015. Retrieved 15 December 2022.
- ^ "European Court Rules Italy's Same-Sex Marriage Ban a Human Rights Violation". The Advocate. 15 December 2022. Retrieved 21 July 2015.
External links[edit]
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