Same-sex unions in Italy and the recent European Court of Human Rights case law: a short comment on Oliari and Others versus Italy (judgment of 21.7.2015)

Abstract

In the case Oliari and Others versus Italy (Appl. No. 18766/2011, judgment of 21.7.2015), the European Court of Human Rights (ECtHR) held that Italy by banning same-sex and any other form of civil union for homosexual couples was violating Art. 8 of the European Convention of Human Rights (ECHR), the right to respect privacy and family life. The ECtHR examined the complaint of three same-sex couples regarding their inability to acknowledge their relationships under Italian law, thus coming to the conclusion that Italy has violated the European Convention of Human Rights by not taking into account the recent trends in the ECtHR case law (Vallianatos versus Greece, Appl. No. 29381/09 and 32684/09, judgment of 7.11.2013) and in the Council of Europe where nowadays 24 state members recognise same-sex civil unions. The ECtHR underlined that by omitting to legally acknowledge same-sex unions, Italian law not only failed to provide for the core needs of homosexual couples but also failed to adapt to the relevant Italian Corte Costituzionale case law that repeatedly called for their protection and recognition.