The legal recognition of same-sex relationships before the Human rights committee and the European court of human rights

Mihajlović, Aleksandar (2026) The legal recognition of same-sex relationships before the Human rights committee and the European court of human rights. Revija za evropsko pravo, 28 (1). pp. 83-106. ISSN 1450-7986

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Abstract

This article examines the legal recognition of same-sex relationships within the frameworks of the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR), focusing on the jurisprudence of the Human Rights Committee and the European Court of Human Rights. Although neither instrument explicitly addresses sexual orientation or same-sex unions, their interpretation has evolved to encompass issues of privacy, family life, equality, and non-discrimination. Using a doctrinal methodology and case law analysis, the article explores how both bodies have approached claims concerning the recognition of same-sex relationships, identifying key principles and interpretative trends. It highlights areas of convergence, particularly regarding the prohibition of discrimination, as well as divergences in the scope and pace of recognition, notably in relation to positive obligations imposed on states. The article further assesses the role of concepts such as the margin of appreciation and the emergence of European and international consensus. It concludes by evaluating whether an emerging standard of legal recognition can be discerned in international human rights law and considers its implications for future legal developments.

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