The LGBTI Rights in European Union – Do Survivals get Pension?

Abstract

The rights and discrimination of LGBTI people is constantly changing in the time and space. The approach to this specific group of people depends from the values and morality that is prevailing in the leading political parties of the state. All humans are equal and the first article of Universal Declaration of Human Rights states that „all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. This basic universal value seems to be forgotten in case of giving rights to LGBTI people. European case law has also fixed the superiority of the EU in this matter and some cases of the CJEU will be discussed to give an example of the power of interpretation of law. It shows how limiting one right (survival’s pension) will change also the power balance in same-sex partnership. This article will explore and analyse the legal, political approaches to LGBTI rights in European Union using the examples of Estonia and Poland. Keywords: Partnership; Same sex union; Charter of Fundamental Rights; Discrimination; LGBT; Human rights: Family rights; Survival’s pension