The differing treatment of same sex couples by European Union law and the European Convention on Human Rights: the European concept of citizenship

Hamilton, F. ORCID: https://orcid.org/0000-0002-3638-913X (2015) The differing treatment of same sex couples by European Union law and the European Convention on Human Rights: the European concept of citizenship. Journal of International and Comparative Law, 2 (1). pp. 87-113. ISSN 2313-3775

Abstract/Summary

Same-sex couples’ rights when it comes to marriage can be best advanced through equal enjoyment of citizenship status. Protections through the concept of private life will be of limited effect in this context. Comparison of the jurisprudence of the European Union (EU) and the European Convention on Human Rights (ECHR) demonstrates the contrasting approaches to the treatment of same-sex couples and highlights the preferable path. Both systems have traditionally had restrictive roles in the legal protections offered to gays and same-sex couples. Differences in treatment remain despite the fact that the two systems have started to converge and offer more generous protections. The European Court of Human Rights has led the way in the protection of rights for gays and same-sex couples. The EU concept of citizenship together with a closer interplay with the ECHR may offer the greater support for those who favour same-sex marriage.