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Oliari and Others v. Italy

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Oliari and Others v. Italy
Decided 21 July 2015
Nationality of partiesItalian
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

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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

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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

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Main article: Recognition of same-sex unions in Italy

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

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References

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  1. ^ "VALLIANATOS AND OTHERS V. GREECE: WHAT IS IN THERE FOR LITHUANIA?". Retrieved 20 July 2023.
  2. ^ a b "European Court of Human Rights: Decision on Gay Marriage in Italy". Library of Congress. 14 September 2015. Retrieved 15 December 2022.
  3. ^ "European Court Rules Italy's Same-Sex Marriage Ban a Human Rights Violation". The Advocate. 15 December 2022. Retrieved 21 July 2015.
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