Vallianatos and Others v. Greece [GC] - 29381/09 32684/09 - Legal Summary [2014] ECHR 116 (07/11/2013)

Vallianatos and Others v. Greece [GC] - 29381/09 32684/09 - Legal Summary [2014] ECHR 116 (07/11/2013)

The exclusion of same-sex couples from the scope of civil unions under Law no. 3719/2008 constitutes unjustified discrimination based on sexual orientation, violating Article 14 in conjunction with Article 8 of the Convention, as the Government failed to provide convincing and weighty reasons for the difference in treatment.

Citation
[2014] ECHR 116
Parties
Applicants: Vallianatos and Others; Respondent: Greece
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Grand Chamber Judgment
Outcome
violation of Article 14 in conjunction with Article 8
Legal Topics
Discrimination, Civil Unions, Same Sex Relationships, Right to Private and Family Life
Human Rights Law Family Law Discrimination Civil Unions Same Sex Relationships Right to Private and Family Life

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Parties

Vallianatos and Others

Applicants

Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Grand Chamber Judgment

Legal Issues

  1. 1 Whether the exclusion of same-sex couples from civil unions under Greek Law no. 3719/2008 constitutes discrimination contrary to Article 14 in conjunction with Article 8 of the European Convention on Human Rights

Ratio Decidendi

The exclusion of same-sex couples from the scope of civil unions under Law no. 3719/2008 constitutes unjustified discrimination based on sexual orientation, violating Article 14 in conjunction with Article 8 of the Convention, as the Government failed to provide convincing and weighty reasons for the difference in treatment.

Court Disposition

violation of Article 14 in conjunction with Article 8

Orders

  • EUR 5,000 awarded to each applicant (except the applicant association) for non-pecuniary damage