Discrimination against unmarried same-sex partners (compared with unmarried different-sex partners)

• Tenancy succession rights
  • Karner v. Austria (24 July 2003) (violation of Article 8, respect for home, together with Article 14) (only unmarried different-sex and not same-sex partners could succeed to a tenancy after the death of the official tenant)
  • Kozak v. Poland (2 March 2010) (same issue as Karner v. Austria)
• Reduction in child maintenance payments when absent parent enters new relationship must also apply to those in same-sex relationships
  • J.M. v. the United Kingdom (28 September 2010)
• Recognition that same-sex couples enjoy "family life" under Article 8
  • Schalk & Kopf v. Austria (24 June 2010): (the Court rejected the applicants’ claim that their denial of marriage violated their rights under Article 12, and Articles 8 and 14. Despite this, the case marks an important step forward, since, for the first time, the Court recognized that the relationship of cohabiting same-sex couples living in a stable de facto partnership falls within the Article 8 notion of ‘family life’ - see paragraph 94).
• Sickness insurance available to the unmarried different sex partner of an insured person must also be available to a same-sex partner
  • P.B. and J.S. v. Austria (22 July 2010) (in this case the Court also reaffirmed the principle established in Schalk and Kopf that the Article 8 notion of "family life" applies to same sex couples)

Parenting

• Custody of an LGBT individual's genetically-related children after a divorce:
  • Mouta v. Portugal (21 Dec. 1999) (violation of Articles 8, family life, with Article 14)

• In states which allow adoption by individuals, any decisions regarding adopters to be taken without discrimination on basis of sexual orientation:
  • E.B. v. France (22 Jan. 2008) (violation of Article 14 combined with Article 8, private or family life)