European Court of Human Rights Caselaw on the Right of the Same-Sex Couples to Marry : A View From a Social Justice Perspective

Radonjić, Aleksa (2023) European Court of Human Rights Caselaw on the Right of the Same-Sex Couples to Marry : A View From a Social Justice Perspective. POLITIČKE perspektive : časopis za istraživanje politike, 13 (1). pp. 81-95. ISSN 2335-027X

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Abstract

ECtHR has established case law by which national authorities are obliged to ‎legally recognize and regulate same-sex partnerships. However, they are not‎ obliged to give the right to marry to same-sex partners taking into account‎ dominant moral beliefs in society. This paper aims to test such an approach‎ from the perspective of four theories of justice. The aim is to see if the consistent ‎application of precepts and principles of these theories of justice to this ‎case law makes such an approach of the ECtHR just from the viewpoint of any‎ of these theories of justice. This way what may seem as intuitively just or unjust‎ is tested against concrete and particular standards of justice.‎

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