Activities per year
This chapter examines how the European Court of Human Rights (ECtHR) accommodates the strongly diverging attitudes towards the protection of LGBTI+ rights within the Council of Europe. Recent ECtHR case-law on access to civil unions and residence permits for same-sex couples is compared with the case-law on access to same-sex marriage – which the Court does not consider to be required by the Convention. The authors analyse and contrast the ECtHR’s use of the ‘European consensus’, ‘margin of appreciation’ and ‘living instrument’ doctrines in both sets of cases. Finally, the specific position of the EU is addressed, as well as the extent to which EU case-law may contribute to the existence of a European consensus.
|Title of host publication||Can We Still Afford Human Rights?|
|Subtitle of host publication||Critical Reflections on Universality, Proliferation and Costs|
|Editors||Jan Wouters, Koen Lemmens, Thomas Van Poecke, Marie Bourguignon|
|Publisher||Edward Elgar Publishing, Inc.|
|Number of pages||18|
|Publication status||Published - 2020|
|Name||Leuven Global Governance series|
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- 1 Lecture / Presentation
May the European Courts speak now or forever hold their peace. The recognition of same-sex relationships within the case-law of the ECtHR and the CJEU
Johan Lievens (Speaker) & Nele Verbrugghe (Speaker)10 Oct 2018
Activity: Lecture / Presentation › Academic