With half of continent still lacking legal protection for same-sex couples, court of human rights ruling puts pressure on Russia and others to liberalise, say activists

A ruling by the European court of human rights that Italy must provide legal recognition of same-sex couples will set a precedent for the rest of Europe, but there is still a long way to go before the continent is free from discrimination.

Italy is not alone in Europe in failing to provide adequate legal provisions to protect same-sex couples. In fact, half of the continent still does not have such protections, and although Tuesday’s verdict is non-binding, it will add pressure for the remaining countries to bring their LGBT rights in line with the others.

“Today’s court judgment from the European court of human rights is of huge significance,” said Juris Lavrikovs from the European section of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). “It is for the first time ever that this court recognises and orders that states should provide some sort of legal recognition, whether it’s civil unions or registered partnerships.”

The European court of human rights has previously been cautious to touch on the issue of same-sex partnerships. The ruling marks the first time it has taken a stance on the issue, making clear that same-sex couples must have legal protection, a new legal principle for the EU. But it fell short of addressing marriage equality, which, in the words of Lavrikovs, has become the new benchmark for LGBT rights in the continent. Italy is the only major western European country without such union protections. Out of 47 countries under the court’s jurisdiction, only 24 have legal protection for same-sex couples.



In May, ILGA Europe released its latest rainbow map, which compares LGBT rights across the continent. The UK topped the list as the best place in Europe for legal equality (with an index of 86%), followed by Belgium and Malta. In contrast, Armenia, Russia and Azerbaijan were at the bottom of the list. No country, however, could reach the most favourable index of 100%.



Malta was particularly praised for giving gender identity constitutional protection from discrimination and Estonia became the first former-Soviet-Union state to officially recognise same-sex unions. The situation in Russia and Lithuania is different where the so-called anti-propaganda laws make life difficult for their LGBT communities. The situation in Hungary, Slovakia and Macedonia is also of particular concern.



Although all Europe has decriminalised homosexuality, the global picture is different. Despite recent progress in the US, Latin America and Ireland – one of the most conservative societies in Europe – as many as 80 countries are still hostile toward gay people. Homosexuality is punishable by death in about 10 countries, including Saudi Arabia, Iran, the United Arab Emirates, Sudan and Brunei. Only 23 countries issue same-sex marriage licences.

Italy’s legal battle will pave the way for other EU nations. “Countries similar to Italy will be bringing new cases to court and the victory is guaranteed,” said Lavrikovs. “It’ll put the wrong countries under immediate legal pressure to implement the court judgment, so although today’s case is about Italy specifically, it has established a new principle which is applicable to all other European countries with no legal recognition.”

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According to Lavrikovs, one big issue in Europe is the rights of transgender people. “Very often you have countries, like the Netherlands or Sweden, scoring very high on issues related to gay marriage but on trans rights they have unresolved issues. You see that in western Europeans, let alone eastern Europeans,” Lavrikovs said.

“Denmark is first country in the EU that two years ago introduced a revolutionary model – based on the Argentinian model – that allows people to change legal gender without any formalities and medical treatment. Together with Malta they are pioneering the most progressive legalisation in this domain,” he said. “In many countries, transgender people will have to go to a hell of a lot of issues mentally and physically, a whole range of unnecessary and humiliating treatment and those two countries already abolished unnecessary obstacles.”