The European Court of Human Rights (ECtHR) accepted a complaint filed by the ACCEPT Association and several individuals against the Romanian state, alleging a violation of Article 8 of the Court’s Convention, which provides for the “right to respect for private and family life.” life”. The decision comes four years after 42 people sued the Romanian state over the lack of recognition and legal protection for their same-sex families.

The decision was made in the case of Buhuchan and Chobotar and 20 other same-sex families.

In its rulings on Tuesday, the ECtHR found that Romania had violated Article 8 of the Convention on “private life” as well as “family life”.

• The decision of the ECtHR can be found here

What Article 8 provides – The right to respect for private and family life:

• “Every person has the right to respect for his private and family life, for his home and correspondence.
• Interference by a state body in the exercise of this right is not allowed, except when it is provided for by law and is, in a democratic society, a necessary measure for national security, public safety, and the economic well-being of citizens. country, protection of law and order and crime prevention, criminal cases, protection of health, morals, rights and freedoms of other persons”.

“Historical Decision”

The Accept Association says that the ECtHR’s decision is historic:

• “Following this historic decision, in order to comply with the Convention, Romania must adopt a legal form of recognition of same-sex families.
• The ECtHR makes it clear that these families urgently need some form of recognition that would give these families equal rights and create a legal framework that would protect the common life of these couples.
• In connection with this decision, the ACCEPT association once again asks the Romanian government and parliament to fulfill their duty towards all their citizens and to treat all the families of our country with dignity and respect.
• We ask the government and parliament to adopt appropriate instruments of legal protection and recognition for all families in Romania, such as: amending the Civil Code to allow same-sex marriages and recognition of same-sex marriages concluded abroad; Legislation on civil partnership, regardless of the gender of the two partners, registered by a civil status official; Protection of the de facto family that does not choose marriage or civil partnership, in the field of inheritance, health and to prevent and combat domestic violence.”

Petition on “legal protection and recognition for all families”

On May 17, the ACCEPT association launched a petition calling for “legal protection and recognition of all families.”

The Government and the Verkhovna Rada are asked to sign the petition:

• Amending the Civil Code regarding the authorization of same-sex marriages and the recognition of same-sex marriages concluded abroad;
• Legislation on civil partnership, regardless of the gender of the two partners, registered by a civil status official;
• Protection of the de facto family that does not choose marriage or civil partnership, in the field of inheritance, health and to prevent and combat domestic violence.

Several gay couples filed a lawsuit with the ECtHR against the Romanian state for recognition of family relations

Florin Buchuchanu and Victor Ciobotaru, two same-sex partners, sued the Romanian state over the refusal of the civil registry authorities to recognize the family relationship between them. Other same-sex couples have joined the effort as civil partnership legislation is blocked in parliament.

These couples received reasoned refusals from civil status departments based on the Civil Code’s prohibition on legal recognition of relationships between persons of the same sex. On the basis of this refusal, the ACCEPT Association sued the Romanian state in the European Court of Human Rights with the demand to oblige Romania to legislate a civil partnership based on Article 8 of the European Convention on Human Rights.

This approach appeared in the same 2019, when the parliament rejected two projects aimed at civil partnership, on the grounds that the legislative proposals “are not justified, the legal solution does not solve anything and does not meet any public need.” “.

In 2018, in an all-out assault on traditional family advocates, the CCR ruled: A same-sex couple falls under the concept of “private life” as well as the concept of “family life” just like a heterosexual couple.

In September 2018, a week before the referendum on the traditional family, the reasoning of the Constitutional Court in the case of the gay couple Coman-Hamilton was clear, leaving no room for interpretation on the regulation of same-sex civil partnerships. “A same-sex couple falls under the concept of ‘private life’, as well as the concept of ‘family life,’ just like the relationship established in a heterosexual couple,” the CCR document states.

In this sense, the Court also noted that “persons of the same sex who form stable couples have the right to express their personality in this relationship and to receive benefits, at the time and by means provided by law, legal recognition and corresponding rights and obligations.” .