Vallianatos & Mylonas v. Greece, C.S. & Others v. Greece

Civil unions

(Applications Nos. 29381/09 & 32684/09), 20 June 2011 

Find Court’s judgement here. (Violation of Article 14)

  • The applicants alleged that the fact that the civil unions were designed only for couples composed of different-sex adults infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples.
  • ILGA-Europe, together with the International Commission of Jurists, the International Federation for Human Rights and the AIRE Centre submitted the following:
    • According to the case-law of the ECtHR and national constitutional courts, a strong justification is required when the ground for a distinction is sex or sexual orientation. A growing number of national courts, both in Europe and elsewhere, also required that unmarried different-sex and same-sex couples be treated in the same way and a large number of Council of Europe member States have enacted legislation recognising same-sex relationships.
    • The case of Greece was unique, as it was the only European country to have introduced civil unions while excluding same-sex couples from their scope of application.
  • The European Court of Human Rights delivered its judgement on 7 November 2013.
  • The Court referred to the interveners’ analysis of its own case-law and of national constitutional courts (para 69). The Court considered that the Government had not offered convincing and weighty reasons capable of justifying the exclusion of same-sex couples from civil unions. Accordingly, it found a violation of Article 14 of the Convention taken in conjunction with Article 8.

See also

News

Joint statement in support of South African athlete Caster Semenya

ILGA-Europe, The International Commission of Jurists and the organisation Intersex International Europe jointly file a third-party intervention before the Grand Chamber of the European Court […]
read more
News

EU Court of Justice Advocate General calls for automatic recognition of legal gender recognition in birth certificates

In a significant development regarding the rights of trans people in the European Union, the Advocate General of the Court of Justice of the European […]
read more
News

European court to hear landmark case regarding discrimination against non-binary people

The Court of Justice of the European Union is to decide on lawsuit over the lack of provision of an option for non-binary persons, which […]
read more
News

Top European Court Strikes Out Case Against Azerbaijan for LGBTI Arrest and Torture

Last week, the European Court of Human Rights decided to strike out A. v Azerbaijan and 23 other applications. The case involved a wave of […]
read more
Report

Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU

In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members […]
read more
News

Greece adopts historic bill introducing marriage equality

We welcome and celebrate with local activists the news that the Greek parliament has adopted an historic bill introducing marriage equality, granting marriage and adoption […]
read more
Blog

Attacks on LGBTI rights in Italy are human rights violations, Commissioner reports

Since the new Italian government came into power in 2022, it has been toying with the rights of LGBTI people. Draft legislation that would do […]
read more
News

Poland must ensure that same-sex couples are legally recognised, European Court rules

The European Court of Human Rights has issued a judgement against Poland in a case taken by five same-sex couples in the country, seeking to […]
read more
News

JOINT STATEMENT ON HUMAN RIGHTS VIOLATIONS IN ITALY

Today, November 20, we celebrate UN World Children’s Day, and feel compelled to draw attention to the recent developments in Italy where some children no […]
read more
News

Significant European Court judgments in two cases concerning violence against LGBTI people involving state agents

Two successful European Court cases brought against Russia underline state obligations to protect LGBTI community from violent counter demonstrators and general hate motivated violence.
read more
News

Romania failed to protect same-sex couples, European court rules

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.
read more
Press Release

Romanian transgender man’s landmark case requesting that Romania acknowledges his UK gender recognition referred to the Court of Justice of the European Union

Arian Mirzarafie-Ahi, a transgender man with Romanian and British citizenship, has filed a first-of-its-kind lawsuit in Romania against Romanian authorities over their refusal to recognize […]
read more
Blog

For good and bad: The trending impacts on LGBTI human rights in Europe and Central Asia

The most striking finding of ILGA-Europe’s Annual Review 2023 is a stark rise in the ferocity of anti-LGBTI hate and violence reported in Europe and Central Asia. But alongside this worrying trend, there are positive developments in areas such as legal gender recognition, public support, intersex human rights and civil society. Here are the key highlights.
read more
News

Bulgaria’s Supreme Court Rejects Baby Sara’s Bulgarian Citizenship

Arguing that Baby Sara is not a Bulgarian citizen, the country’s Supreme Administrative Court (SAC) said that their decision not to grant a birth certificate […]
read more
News

European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

Published in 2013 by the Lithuanian University of Educational Sciences and written by the late lesbian writer, Neringa Dangvyde Macate, the book was entitled ‘Amber […]
read more
News

After Polish Case, CJEU Rules to Protect Self-employed Workers based on Sexual Orientation

In December 2017, a self-employed worker and his partner published a music video on YouTube aimed at promoting tolerance towards same-sex couples. Shortly after the […]
read more
Press Release

LGBTI organisations welcome EU parental recognition proposal with the best interests of the child at its core

EU-wide parenthood recognition is key in ensuring equal protection for all children in the Union, say ILGA-Europe and NELFA.
read more
Blog

How activism led the way forward to protect intersex children in Greece

To mark #IntersexAwarenessWeeks we look into the efforts and experiences of activists in Greece, who worked for many months alongside the national government, resulting in the country becoming just the fifth in the world to ban intersex genital mutilations on children.
read more
News

Sexual orientation is not a reason to terminate a contract with a self-employed worker, says Advocate General of the CJEU

Today, the Advocate General of the CJEU has issued an opinion in the case of J.K. vs the Polish public broadcaster company TP, stating that discrimination based on sexual orientation in employment is not acceptable under EU law.
read more
Blog

Update: The Rights of Rainbow Families in the EU

The Court of Justice of the EU has ruled in two occasions over recent months that EU countries must protect the freedom of movement of rainbow families. This is a right all EU citizens should enjoy, LGBTI people too. In today’s blog, we bring you the state of LGBTI people’s family rights in different EU countries.
read more
News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
read more
News

Complaint Filed with EC Against Lack of Free Movement for Same-sex Couples in Hungary

ILGA-Europe, alongside a Hungarian activist organisation, have filed a complaint against Hungary because of its refusal to implement the 2018 Coman judgement, which recognises that […]
read more
News

Bulgarian Court Rules Baby Sara Must Be Issued Birth Certificate

A Bulgarian court has ordered city hall authorities in the capital city of Sofia to issue a birth certificate to the baby born to a […]
read more
Case Law

A.B. and K.V. v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment Submitted jointly […]
read more
Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
read more
Case Law

Macaté v. Lithuania

Freedom of expression, warning labels restricting artistic expression.
read more
Blog

What has 2021 meant to the LGBTI movement in Europe? Listen to our latest podcast episode to find out this year’s highlights

As 2021 comes to an end, we have collected some of the moments, events and trends that have marked the year in the latest episode of The Frontline, ILGA-Europe’s podcast about LGBTI activism and lives in Europe and Central Asia. Read here some of the episode’s highlights and find out reasons to stay hopeful in 2022.
read more
Case Law

Judgment in Case Stolichna obshtina, rayon ‘Pancharevo’

Child, being a minor and a Union citizen, whose birth certificate was drawn up by the host Member State and designates as parents two persons […]
read more
Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
read more
Case Law

Coman and Others v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment.
read more