Research Handbook on Gender, Sexuality and the Law
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Research Handbook on Gender, Sexuality and the Law

Edited by Chris Ashford and Alexander Maine

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
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Chapter 10: Fully recognizing both dignity and equality values under the emergent ECHR right to a same sex registered partnership

Helen Fenwick and Daniel Fenwick

Abstract

At the present time the majority of ECHR contracting states have introduced forms of registered partnerships for same sex couples, in some instances as a stepping stone to same sex marriage. The Strasbourg Court, as this chapter will argue, is close to recognizing a right to such a partnership for same sex couples under Articles 8 and 14 ECHR or Article 8 read alone. In relation to certain contracting states taking a stance opposed to, or reluctant/equivocal as to formalization of same sex relationships, the Strasbourg stance is potentially crucial. Thus this chapter argues that the Strasbourg Court should cease to hesitate on the brink of recognizing a right to such formalization, and confirm that it exists within the framework of the ECHR.

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