The European Court of Human Rights has determined that Poland’s failure to regulate civil partnerships for same-sex couples violates the European Convention on Human Rights, highlighting ongoing legal challenges faced by LGBTQ+ individuals in the country.
In a recent decision, the European Court of Human Rights (ECHR) has once again ruled that Poland is in breach of the European Convention on Human Rights due to its failure to regulate civil partnerships, particularly for same-sex couples. The court’s verdict came following the complaints lodged by Sylwia and Katarzyna, a couple whose case highlights the ongoing legal challenges faced by same-sex couples in Poland.
Sylwia and Katarzyna’s journey began in 2010 when they entered into a partnership, and later they solemnised their commitment by marrying in the United Kingdom in 2013. However, upon returning to Poland, they encountered significant legal obstacles in seeking recognition of their marriage and the accompanying legal rights. Their efforts to access benefits that married couples in Poland typically enjoy, such as joint tax filing, caregiver benefits, and exemptions from inheritance and donation taxes, were consistently denied. Furthermore, their application to transcribe their UK marriage into Polish civil registers was also rejected.
Frustrated by the lack of legal recognition, Sylwia and Katarzyna decided to take their case to the European Court of Human Rights in Strasbourg. The court accepted their case, and in a ruling issued this September, it determined that Poland had violated Article 8 of the European Convention on Human Rights. Article 8 secures the “right to respect for private and family life.” The court’s judgement placed particular emphasis on Poland’s obligations to legally recognise and protect same-sex relationships, a stance that is increasingly common among other nations in the Council of Europe.
This latest ruling is the second of its kind against Poland, following a similar decision in December 2022, which was hailed as “groundbreaking” by activists advocating for LGBTQ+ rights. Despite this, progress within Poland remains slow, with political leaders and some segments of society suggesting that public opinion is not yet ready for such reforms. The Polish People’s Party, for instance, has commented that “society is not ready for this,” indicating a potential disconnect between legal expectations set by international bodies and domestic public sentiment.
As Poland continues to navigate its responsibility under the European human rights framework, Sylwia and Katarzyna’s case amplifies the call for legislative changes that would align Poland with broader European standards on civil partnerships and non-discrimination.
Source: Noah Wire Services
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