ECtHR: Russia failed to justify the lack of any opportunity for same-sex couples to have their relationship formally acknowledged

13.07.2021 Judgments of 13 July 2021 The European Court of Human Rights has today notified in writing 20 judgments. (link) Russia failed to justify the lack of any opportunity for same-sex couples to have their relationship formally acknowledged Fedotova and Others v. Russia

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights

In today’s Chamber judgment in the case of Fedotova and Others v. Russia (applications nos. 40792/10, 30538/14 and 43439/14) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights

The case concerned the refusal to register the notice of marriage of the applicants, who are samesex couples. The Court found that Russia had an obligation to ensure respect for the applicants’ private and family life by providing a legal framework allowing them to have their relationships acknowledged and protected under domestic law. The lack of any opportunity for same-sex couples to have their relationships formally acknowledged created a conflict between the social reality of the applicants
and the law. The Court dismissed the Government’s argument that the interests of the community as a whole could justify the lack of opportunity for same-sex couples to formalise their relationships. It concluded that, in denying access to formal acknowledgment of their status for same-sex couples,the Russian authorities had gone beyond the discretion (margin of appreciation) enjoyed by them. The Court stated that the choice of the most appropriate form of registration of same-sex unions
remained at the discretion of the respondent State.