Families But Not (Yet) Marriages? Same-Sex Partners and the Developing European Convention ‘Margin of Appreciation’

16 Pages Posted: 5 Oct 2011

See all articles by Nicholas Bamforth

Nicholas Bamforth

University of Oxford - Faculty of Law

Date Written: October 5, 2011

Abstract

This commentary examines two recent decisions of the First Section Chamber of the European Court of Human Rights, namely Schalk and Kopf v Austria and P.B. and J.S. v Austria. Both are significant in accepting that same-sex partnerships may fall within the ‘protection of family life’ limb of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, but Schalk and Kopf rejects the notion that Convention signatory states are required under Article 12 to admit same-sex couples to the right to marry, and declines to determine whether any minimal level of legal protection must be offered under Article 8. Both decisions highlight the central role currently played by the ‘margin of appreciation’ in this area.

Keywords: Schalk and Kopf v Austria, P.B. and J.S. v Austria, European Court of Human Rights, same-sex partnerships, marriage, margin of appreciation

Suggested Citation

Bamforth, Nicholas, Families But Not (Yet) Marriages? Same-Sex Partners and the Developing European Convention ‘Margin of Appreciation’ (October 5, 2011). Child and Family Law Quarterly, Vol. 23, No. 1, pp. 128-143, 2011, Available at SSRN: https://ssrn.com/abstract=1939150

Nicholas Bamforth (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
10
Abstract Views
1,725
PlumX Metrics