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An overnight success a decade in the making
International Journal of Discrimination and the Law ( IF 1.2 ) Pub Date : 2018-03-01 , DOI: 10.1177/1358229118760873
Giulia Dondoli 1
Affiliation  

On 30 June 2016, the European Court of Human Rights (hereafter ‘European Court’) decided that a binational same-sex couple was discriminated against because they were not allowed to marry; and at the same time, they were unable to live in Italy as a couple. For nearly one decade, human rights non-governmental organizations (NGOs) have submitted third-party interventions asking the European Court to recognize that unmarried same-sex couples should be treated differently from unmarried different sex couples when the first have no possibility of marrying. This article argues that the European Court has finally accepted what the NGOs have suggested since 2007, and that the decision in Taddeucci and McCall v. Italy signals a positive step forward from the ‘analogous situation’ doctrine towards recognizing indirect discrimination on the grounds of sexual orientation for same-sex couples.

中文翻译:

一夜成名 十年酝酿

2016 年 6 月 30 日,欧洲人权法院(以下简称“欧洲法院”)裁定,两国同性伴侣因不允许结婚而受到歧视;与此同时,他们无法作为夫妻生活在意大利。近十年来,人权非政府组织 (NGO) 提交了第三方干预措施,要求欧洲法院承认未婚同性伴侣在第一个不可能结婚的情况下应与未婚异性伴侣区别对待。本文认为,欧洲法院最终接受了非政府组织自 2007 年以来的建议,并且在 Taddeucci 和 McCall v.
更新日期:2018-03-01
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