KOILOVA AND BABULKOVA v. BULGARIA - 40209/20 (Article 8 - Right to respect for private and family life : Third Section) French Text [2023] ECHR 634 (05 September 2023)

KOILOVA AND BABULKOVA v. BULGARIA - 40209/20 (Article 8 - Right to respect for private and family life : Third Section) French Text [2023] ECHR 634 (05 September 2023)

Bulgaria's complete lack of legal recognition and protection for same-sex couples, including refusal to register a marriage contracted abroad, violates its positive obligations under Article 8 ECHR. The state failed to strike a fair balance between the applicants' interests and any asserted public interest, and the...

Source-derived case information.

Citation
[2023] ECHR 634
Parties
Applicant: Darina Nikolaeva Koilova; Applicant: Lilia Petrova Babulkova; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Judgment
Outcome
violation found
Legal Topics
Right to Respect for Private and Family Life, Recognition of Same Sex Unions, Obligations of States Under Article 8 ECHR, Discrimination Based on Sexual Orientation
Human Rights Law Family Law Constitutional Law Right to Respect for Private and Family Life Recognition of Same Sex Unions Obligations of States Under Article 8 ECHR Discrimination Based on Sexual Orientation

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Parties

Darina Nikolaeva Koilova

Applicant

Lilia Petrova Babulkova

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Human Rights Application / Judgment

  1. 1 Whether Bulgaria's refusal to recognize and register a same-sex marriage contracted abroad violates Article 8 of the European Convention on Human Rights
  2. 2 Whether Bulgaria has a positive obligation to provide legal recognition and protection to same-sex couples

Ratio Decidendi

Bulgaria's complete lack of legal recognition and protection for same-sex couples, including refusal to register a marriage contracted abroad, violates its positive obligations under Article 8 ECHR. The state failed to strike a fair balance between the applicants' interests and any asserted public interest, and the margin of appreciation is reduced in light of European consensus and established jurisprudence.

Court Disposition

violation found

Orders

  • Bulgaria is found to have violated Article 8 of the Convention by failing to provide legal recognition and protection to same-sex couples.