Decision of Slovenian Constitutional Court on inheritance rights of unregistered same-sex partners

11/04/2013
Submitted by ŠKUC-LL

Constitutional Court of Republic of Slovenia announced on April 9th 2013 its decision that the Inheritance Act is against the Slovenian Constitution, because of unequal treatment of same-sex partners in comparison to different sex partners in access to inheritance rights. National parliament has now six months time to eliminate this legal inconsistency. The constitutional decision writes that unregistered same-sex partners living in a long term relationships are entitled to same rights as unmarried different-sex couples. It took the Constitutional Court two years to bring this decision, after the initiative of the District Court in Koper, which in 2011 dealt with a case of a same-sex couple, where a women, who was not registered under the same-sex partnership law, claimed her rights to inheritance after her deceased partner.

In the meantime the Family Code, which was supposed to bring equal rights same-sex partners and families, was rejected by public referendum in March 2012.


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