Welcoming European Court judgement on Poland’s failure to protect same-sex couples married abroad

Welcoming European Court judgement on Poland’s failure to protect same-sex couples married abroad


Read KPH’s press releasehere.

According to Milena Adamczewska-Stachura, who represents the Love Does Not Exclude Association, involved in the fight towards marriage equality in Poland: “Today’s rulings are a wake-up call for the Polish government, reminding it that the unchanging, complete lack of protection for same-sex couples violates the European Convention on Human Rights. Today’s judgement is an important tool for legal practitioners who fight in the courts for transcription of foreign marriage certificates, and a small but important step towards equality“.

ILGA-Europe, FIDH, NELFA and ECSOL submitted a joint intervention in the case.

According to Senior Strategic Litigation Officer at ILGA-Europe, Marie-Hélène Ludwig: “Today’s judgement is another important step towards due recognition and protection of same-sex couples in Poland, whether they are married abroad or wish to legalise their unions in Poland. It is however unfortunate that the Court considered once again that it was unnecessary to examine the applicants’ complaint under Article 14 of the Convention (non-discrimination)“.



Daniel Martinović, President of NELFA, said: “We welcome today’s judgement as a powerful affirmation of the rights of same-sex couples in Poland and beyond. This ruling should serve as a beacon of hope and strength for all queer families, inspiring us to continue striving for a more inclusive and secure future where our relationships are recognised, respected, and protected“.

Helmut Graupner, Co-Coordinator of ECSOL, pointed out that “this is the second time Europe’s highest human rights court made clear that Poland is violating the European Convention of Human Rights by refusing same-gender couples formal recognition of their partnership. It should cause Poland to speedily meet European minimum human rights standards. If not going beyond them, as it had done by completely decriminalising homosexuality as early as 1932 when many other European countries like Great Britain, Germany, Austria, Switzerland, Czechoslovakia, Hungary, Norway and Finland still had a criminal total ban on consensual homosexual relations between adults“.

Today’s European Court of Human Rights’ ruling sends a strong message to Poland and all Council of Europe member states that they must urgently address the persistent discrimination against same-sex couples and grant them equal rights with heterosexual couples“, concluded Elena Crespi, Head of the Europe Programme at FIDH. “The judgement also offers the Polish government a chance to demonstrate its commitment to implementing European court rulings, as part of its efforts to restore the rule of law and align Poland with international standards“.

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Publish date : 2024-09-19 17:00:00

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