Necessity of Recognition of Same-Sex Marriages Concluded Abroad

in The Asian Yearbook of Human Rights and Humanitarian Law
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Abstract

The thesis presented in the article is that, at an absolute minimum, the authorities of all EU member States must recognize the civil status of the persons who enter into marriage or civil partnership with the person of the same-sex in another member state. Depriving such relationships of legal effects can be considered contrary to the European Convention on Human Rights and right to private and family life protected by it, as well as to the similar rights regulated in the EU Charter of Fundamental Rights. Also, non-recognition of same-sex marriages and registered partnerships can create an obstacle to the freedom of movement, which was confirmed by Court of Justice of the EU in the Coman case (C-673/16). The biggest difficulty in recognizing marriages concluded under the law of another member state that defines marriage differently is the impossibility of transcription of a foreign civil certificate. That is caused by the rule requiring that a civil certificate issued under one country’s law can contain only records of legal institutions recognized by that country’s legal order.

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