9 June 2023. In the judgement in the case of Buhuceanu and others v. Romania released on 23 May 2023, the ECtHR found that Romania violated article 8 of the European Convention on Human Rights (right to respect for private and family life) for the lack of recognition and protection of same-sex couples in its legislation. FIDH welcomes this historical ruling and urges Romania and all member States of the Council of Europe to provide a legal recognition and protection of same-sex couples in accordance with this decision.
“With this decision condemning Romania, the European Court of Human Rights reminds member States of the Council of Europe of their obligation to provide adequate legal recognition and protection to same-sex couples. We hope the judgment will be effectively implemented, and States will contribute to the fight against discrimination, in law and in practice, on the ground of sexual orientation”, said Drissa Traoré, FIDH Secretary General.
In 2019 and 2020, 21 couples lodged complaints to the ECtHR, arguing that the Romanian legislation did not allow them to get married or to enter into any other type of civil union. According to them, this difference of treatment on the grounds of sexual orientation amounted to a breach of their right to respect for private and family life.
On 15 September 2020, FIDH submitted written comments jointly with ILGA-Europe, NELFA and ECSOL, asking the Court to declare that Romanian legislation breached article 8 of the European Convention on Human Rights.
In its ruling in this case of Buhuceanu and Others v. Romania, the ECtHR finds a violation of article 8 of the European Convention on Human Rights, reaffirming general principles held in the case of Fedotova and Others v. Russia. First, the Court recalls member States’ positive obligation to provide a legal framework allowing same-sex couples to be granted adequate recognition and protection of their relationship. Secondly, the Court considers that national margin of appreciation is reduced regarding the particular facet of the personal and social identity of same-sex couples at stake, and the clear ongoing trend in Europe towards legal recognition of same-sex couples (§§ 72 – 74 of the decision). The Court concludes that Romania has overstepped its margin of appreciation and has failed to comply with its positive obligation to secure the applicants’ right to respect for their private and family life.
FIDH has produced written observations in two other related-cases in Formela and Others v. Poland and Maymukakin and Marviv v. Ukraine, asking the Court to impose to the defendant States the positive obligation to provide a legal framework of recognition and protection of same-sex couples.