Welcome to the fourth seminar in Queer seminars/Skeiv seminarrekke with Claire Poppelwell-Scevak (Pluri Courts, Faculty of Law, UiO / PhD candidate, University of Ghent): Same-sex marriage and LHBTQI rights at the European Court on Human Rights.
Please note that the seminar will be in English this time.
Over the last fifteen years there has been a global movement to legalise same-sex marriage. Developments have been made in countries such as the USA and Colombia; however, the European Court of Human Rights (the Court) – arguably the most progressive and active human rights court in the world – has not followed this movement and continues to deny the right to marry for homosexual couples. In light of the Court’s objective to protect and enforce human rights – it is perplexing to see it recognise the legal status of same-sex couples’ family life, but then refrain from legalising same-sex marriage.
In this presentation I argue that it is a consensus – a ‘magic number’ of 24 states – that will lead to the Court granting same-sex marriage under article 12. The implications of this claim are (i) all applications to the Court must focus only on the right to marry (article 12) and (ii) instead of focusing on the Court, advocates should push for states to legalise same-sex marriage.
Elisabeth Engebretsen (koordinator)