European Court of Human Rights: Poland should introduce same-sex relationships

The European Court of Human Rights decided that the inability to enter into a legal union in Poland for same-sex couples is inconsistent with the European Convention on Human Rights. Therefore, Poland must change the law and enable the formalization of such unions.

On Tuesday, the European Court of Human Rights (ECtHR) found Poland guilty of violating the right to respect for private life due to the lack of a legal framework ensuring “recognition and protection” of same-sex relationships.

Poland must change the law on same-sex relationships

The judgment was issued after five couples from Lodz, Warsaw, and Cracow filed a complaint to the ECtHR regarding the formalization of same-sex relationships. These people took action because local authorities refused to allow them to marry, explaining that Polish law only allows a union between a man and a woman.

Previously, the couples tried to obtain a judgment in the Polish justice system, but their claims before the national court were rejected.

The applicants stated that they were “aggrieved by the lack of official recognition of their relationships”, for example in the areas of taxes, social rights and family rights. The Court in Strasbourg agreed with them.

The ECtHR judgment does not mean the legalization of same-sex marriage

This means that Poland must change the law and enable the formalization of same-sex relationships. Additionally, injured parties can apply for compensation from the state.

At the same time, it was emphasized that the situation did not apply to marriages, because - in accordance with the Constitution - they could only be concluded between a woman and a man. This is about the lack of legal recognition and protection of same-sex couples in Poland.

This year, the Court also issued similar rulings against Russia, Romania, Bulgaria, and Ukraine.