| Applicant name | PRZYBYSZEWSKA AND OTHERS |
| Applicant type | Natural person |
| Number of applicants | 10 |
| Country | Poland |
| Application no. | 11454/17, 11810/17, 15273/17, 16898/17 24231/17, 24351/17, 25891/17, 25904/17 30128/18, 30340/18 |
| Date | 12/12/2023 |
| Judges | Alena Poláčková, President, Krzysztof Wojtyczek, Péter Paczolay, Ivana Jelić, Gilberto Felici, Erik Wennerström, Raffaele Sabato |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | |
| Type of privacy | Private life; relational privacy |
| Keywords | Same sex mariage |
| Facts of the case | The applicants complained of a total lack of recognition of their relationships as couples in Poland, in that it was impossible for them to enter together into any type of legally recognised union. In their view, this amounted to a violation of their right to respect for their private and family life as protected by Article 8 of the Convention |
| Analysis | Case builds on Fedotova and Others. In this case, the Court finds that in the absence of official recognition, and in spite of some positive developments in the case-law in this field, same-sex partners are unable to regulate fundamental aspects of their life, such as those concerning property, maintenance, taxation, and inheritance, as an officially recognised couple. In the majority of situations, they are not able to rely on the existence of their relationship in dealings with the judicial or administrative authorities. The Government argued, firstly, that the majority of Poles disapproved of same-sex unions but showed tolerance towards homosexual people. However, the Court reiterates that it will not endorse policies and decisions which embodied a predisposed bias on the part of a heterosexual majority against a homosexual minority. In addition, the allegedly negative, or even hostile, attitude on the part of the heterosexual majority cannot be set against the applicants’ interest in having their respective relationships adequately recognised and protected by law. The Court also reiterates that there is no basis for considering that affording legal recognition and protection to same-sex couples in a stable and committed relationship could in itself harm families constituted in the traditional way or compromise their future or integrity. Indeed, the recognition of same-sex couples does not in any way prevent different-sex couples from marrying or founding a family corresponding to their conception of that term. More broadly, securing rights to same-sex couples does not in itself entail weakening the rights secured to other people or other couples. There has accordingly been a violation of Article 8 of the Convention. Judge Wojtyczek dissents and notes that the Court’s case-law has never required a system providing for the registration of same-sex couples. Recognition of same-sex couples may be ensured by granting them specific rights ex lege. The Polish legal system grants a series of rights to same-sex couples and the dynamic domestic case-law is constantly expanding this list. |
| Other Article violation? | No violation 14 ECHR |
| Damage awarded | Holds, unanimously, (a) that the respondent State is to pay jointly the applicants Ms C. Przybyszewska and Ms B. Starska (applications nos. 11454/17 and 11810/17), within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 20 (twenty euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses; (b) that the respondent State is to pay jointly the applicants Mr M. Napielski and Mr W. Piątkowski (applications nos. 15273/17 and 16898/17), within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 317 (three hundred and seventeen euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses; |
| Documents | Judgment |