Fedotova v. Russ. (Eur. Ct. H.R.)

In: International legal materials: ILM, Band 61, Heft 3, S. 438-452

Abstract

On June 13, 2021, the European Court of Human Rights (ECtHR) delivered a judgment in Fedotova and Others v. Russia. The ECtHR found that Russia was in violation of the European Convention on Human Rights (ECHR) for not allowing same-sex couples to have their partnerships legally recognized. The decision reflects the ECtHR's firm position: the formal recognition of partnership shall not depend on the partners' sex, and the complete exclusion of same-sex couples cannot be justified with opposing public sentiments or the need to protect traditional families. While the Fedotova ruling is the first judgment that challenged the discriminatory legislative framework in a country belonging to the Eastern Bloc of the Council of Europe, it is not unprecedented. In its judgment, the ECtHR applied the standards entrenched in the case law on the rights of same-sex partners and, although it did not address the issue of marriage equality under Article 12 of the ECHR, it did conclude that the applicants' rights under Article 8 had been violated.