From Bench to Reality: Evaluating the Impact of the European Court of Human Rights on Civil Partnerships Recognition in Eastern Europe
(2025) JAMM07 20251Faculty of Law
Department of Law
- Abstract
- This thesis focuses on the impact of the European Court of Human Rights (ECtHR, the Court) on the legal recognition of same-sex couples in Eastern Europe. It examines how the Court’s current remedial approach influences change in national legislation, policies, and broader social attitudes, in contexts where queer rights remain politically contested and structurally excluded.
This study is important for several reasons. First, civil partnerships are essential for protection of basic rights of queer people in countries where marriage equality is unlikely to be introduced soon under present political conditions. In this regard, the focus on Eastern Europe is particularly relevant, as many countries in the region still lack basic legal... (More) - This thesis focuses on the impact of the European Court of Human Rights (ECtHR, the Court) on the legal recognition of same-sex couples in Eastern Europe. It examines how the Court’s current remedial approach influences change in national legislation, policies, and broader social attitudes, in contexts where queer rights remain politically contested and structurally excluded.
This study is important for several reasons. First, civil partnerships are essential for protection of basic rights of queer people in countries where marriage equality is unlikely to be introduced soon under present political conditions. In this regard, the focus on Eastern Europe is particularly relevant, as many countries in the region still lack basic legal protections for marginalised groups. Studying the ECtHR’s impact in these specific contexts is crucial for understanding which legal and political tools are most effective in advancing queer rights on the ground.
Second, the ECtHR plays a central role in setting legal standards for all member states of Council of Europe and has broader influence in shaping human rights discourse on international level. Its judgments have the potential to either empower local queer rights movements and trigger broader reforms or, if too weak, to stall progress and entrench political resistance. Strengthening the Court’s mechanisms is therefore essential for advancing the protection of queer rights beyond the countries examined in this study as well.
This thesis combines legal doctrinal analysis of the ECtHR judgments with qualitative insights from interviews with civil society actors and legal experts in the four focus countries. It also adopts a law-in-context approach, draws on queer theory as a critical lens, and applies comparative analysis, both between the selected countries and with the remedial practice of the Inter-American Court of Human Rights.
The thesis finds that the ECtHR’s current reliance on declaratory and vague remedies limits its ability to promote structural change. In order to support implementation, a more consistent, transparent, specific, and prescriptive remedial approach is needed, particularly based on Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study concludes that stronger remedies, better cooperation with national and regional actors, and clearer political signals could enhance the Court’s role in advancing the rights of same-sex couples and reinforce its broader legitimacy. (Less)
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http://lup.lub.lu.se/student-papers/record/9192325
- author
- Klius, Mariia LU
- supervisor
-
- Karol Nowak LU
- organization
- course
- JAMM07 20251
- year
- 2025
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 9192325
- date added to LUP
- 2025-06-13 11:04:33
- date last changed
- 2025-06-13 11:04:33
@misc{9192325, abstract = {{This thesis focuses on the impact of the European Court of Human Rights (ECtHR, the Court) on the legal recognition of same-sex couples in Eastern Europe. It examines how the Court’s current remedial approach influences change in national legislation, policies, and broader social attitudes, in contexts where queer rights remain politically contested and structurally excluded. This study is important for several reasons. First, civil partnerships are essential for protection of basic rights of queer people in countries where marriage equality is unlikely to be introduced soon under present political conditions. In this regard, the focus on Eastern Europe is particularly relevant, as many countries in the region still lack basic legal protections for marginalised groups. Studying the ECtHR’s impact in these specific contexts is crucial for understanding which legal and political tools are most effective in advancing queer rights on the ground. Second, the ECtHR plays a central role in setting legal standards for all member states of Council of Europe and has broader influence in shaping human rights discourse on international level. Its judgments have the potential to either empower local queer rights movements and trigger broader reforms or, if too weak, to stall progress and entrench political resistance. Strengthening the Court’s mechanisms is therefore essential for advancing the protection of queer rights beyond the countries examined in this study as well. This thesis combines legal doctrinal analysis of the ECtHR judgments with qualitative insights from interviews with civil society actors and legal experts in the four focus countries. It also adopts a law-in-context approach, draws on queer theory as a critical lens, and applies comparative analysis, both between the selected countries and with the remedial practice of the Inter-American Court of Human Rights. The thesis finds that the ECtHR’s current reliance on declaratory and vague remedies limits its ability to promote structural change. In order to support implementation, a more consistent, transparent, specific, and prescriptive remedial approach is needed, particularly based on Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study concludes that stronger remedies, better cooperation with national and regional actors, and clearer political signals could enhance the Court’s role in advancing the rights of same-sex couples and reinforce its broader legitimacy.}}, author = {{Klius, Mariia}}, language = {{eng}}, note = {{Student Paper}}, title = {{From Bench to Reality: Evaluating the Impact of the European Court of Human Rights on Civil Partnerships Recognition in Eastern Europe}}, year = {{2025}}, }