Persistent URL of this record https://hdl.handle.net/1887/39534
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- Waaldijk - Legal family formats - 2014 (RightsOnTheMove conference)
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Legal Family Formats for (Same-Sex) Couples
The article resulting from this paper is online at www.articolo29.it/genius.
This paper gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family formats (such as registered partnership and de facto union) have been made available in a growing number of countries. The number of countries that have opened up marriage to same-sex couples is also growing. Authors of comparative family law have proposed various classifications of the new legal family formats. Meanwhile, an increasing number of EU laws now acknowledge non-marital partners. The European Courts have been asked several times to rule on controversial differentiations between different legal family formats or between same-sex and different-sex partners. In the case law of the European Court of Human Rights one can find...
Show moreThe article resulting from this paper is online at www.articolo29.it/genius.
This paper gives a compact overview of developments in national and European law regarding same-sex partners. Over the last decades, new legal family formats (such as registered partnership and de facto union) have been made available in a growing number of countries. The number of countries that have opened up marriage to same-sex couples is also growing. Authors of comparative family law have proposed various classifications of the new legal family formats. Meanwhile, an increasing number of EU laws now acknowledge non-marital partners. The European Courts have been asked several times to rule on controversial differentiations between different legal family formats or between same-sex and different-sex partners. In the case law of the European Court of Human Rights one can find examples of affirmative eloquence which suggest that more steps towards full legal recognition of same-sex families could be expected.
An earlier version of this paper appeared as chapter 4 of the report: O. Thevenon & G. Neyer (eds.), Family Policies and Diversity in Europe: The state-of-the-art regarding fertility, work, care, leave, laws and self-sufficiency, Stockholm: Stockholm University 2014 (FamiliesAndSocieties Working Paper Series, nr. 7, p 42-55). An updated and expanded version of this that chapter appeared as 'Great diversity and some equality: non-marital legal family formats for same-sex couples in Europe' in the book the book: M. van den Brink et al. (eds.), Equality and human rights: nothing but trouble? – Liber amicorum Titia Loenen, Utrecht, Netherlands Institute of Human Rights 2015 (SIM Special 38, p. 223-245 & 414) and in the journal: GenIUS – Rivista di studi giuridici sull’orientamento sessuale e l’identità di genere 2014, p. 42-56.
Show less- All authors
- Waaldijk, C.
- Editor(s)
- Casonato C., Schuster A.
- Date
- 2014
- Title of host publication
- Rights On The Move – Rainbow Families in Europe (Proceedings of the Conference, Trento, 16-17 October 2014)
- Pages
- 121 - 134
- ISBN (print)
- 9788884435910
Conference
- Conference
- Move
- Date
- 2014-10-16 - 2014-10-17
- Location
- Trento, Italy
Funding
- Sponsorship
- Seventh Framework Programme (FP7)
- Grant number
- info:eu-repo/grantAgreement/EC/FP7/320116