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... 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
In het (vergelijkende) seksuelegerichtheidsrecht gaat het steeds om gerichtheid op anderen - ongeacht geslacht. Deze oratie betoogt dat ‘the right to relate' hierbij het uitgangspunt kan zijn. Dit... Show moreIn het (vergelijkende) seksuelegerichtheidsrecht gaat het steeds om gerichtheid op anderen - ongeacht geslacht. Deze oratie betoogt dat ‘the right to relate' hierbij het uitgangspunt kan zijn. Dit recht om relaties aan te gaan en te ontwikkelen impliceert een recht om uit de kast te komen en om samen te komen. En het is de basis voor aanspraken op respect, bescherming, erkenning en formalisering van relaties. Show less
The right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights... Show moreThe right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights in 1976. Since then such a right has been recognized in similar words by national and international courts, including the U.S. Supreme Court, the European Court of Human Rights, the Constitutional Court of South Africa, and the Inter-American Court of Human Rights. This lecture traces the origins of this right, linking it to the meaning of the word "orientation" and to the basic psychological need for love, affection, and belongingness. It proposes to speak of "the right to relate" and argues that this right can be seen as the common theme in all issues of sexual orientation law (ranging from decriminalization and anti-discrimination to the recognition of refugees and of same-sex parenting). This right can be used as the common denominator in the comparative study of all those laws in the world that are anti-homosexual or that are same-sex-friendly. The right to establish (same-sex) relationships implies both a right to come out and a right to come together. The right to develop (same-sex) relationships is being made operational through legal respect, legal protection, legal recognition, legal formalization, and legal recognition of foreign formalization. Show less
The right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights... Show moreThe right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights in 1976. Since then such a right has been recognized in similar words by national and international courts, including the U.S. Supreme Court, the European Court of Human Rights, the Constitutional Court of South Africa, and the Inter-American Court of Human Rights. This lecture traces the origins of this right, linking it to the meaning of the word "orientation" and to the basic psychological need for love, affection, and belongingness. It proposes to speak of "the right to relate" and argues that this right can be seen as the common theme in all issues of sexual orientation law (ranging from decriminalization and anti-discrimination to the recognition of refugees and of same-sex parenting). This right can be used as the common denominator in the comparative study of all those laws in the world that are anti-homosexual or that are same-sex-friendly. The right to establish (same-sex) relationships implies both a right to come out and a right to come together. The right to develop (same-sex) relationships is being made operational through legal respect, legal protection, legal recognition, legal formalization, and legal recognition of foreign formalization. Show less
Schuijt, G.A.I.; Konijnenbelt, H.; Sint Truiden, M.P. van; Waaldijk, C.; Wees, J.G.L. van der 2013
Chronological overview of countries (and parts of countries) that have taken some major steps in legally recognising same-sex couples: legal recognition of non-registered same-sex cohabitation,... Show moreChronological overview of countries (and parts of countries) that have taken some major steps in legally recognising same-sex couples: legal recognition of non-registered same-sex cohabitation, introduction of a form of registered partnership, opening up of adoption and/or marriage for same-sex partners. Show less
![Quyen Duoc Gan Bo. Mot bai giang ve tam quan trong cua khai niem ‘huong’ trong Phap luat So sanh ve Xu huong Tinh duc [The right to relate. On the importance of "orientation" in comparative sexual orientation law]](/sites/all/modules/custom/islandora_solr_search/images/defaultimg.png?solr_nav%5Bid%5D=c3629145149a78537dfb&solr_nav%5Bpage%5D=1&solr_nav%5Boffset%5D=3)
