Dr Andy Hayward a.p.hayward@durham.ac.uk
Associate Professor
Maymulakhin and Markiv v Ukraine: A Case of Love Conquering All?
Hayward, Andy
Authors
Abstract
Following the important Grand Chamber decision in Fedotova and Others v. Russia, the Strasbourg Court has handed down two significant decisions on the legal recognition of same-sex couples. In Buhuceanu and Others v. Romania, the Court developed the principles established in Fedotova and weaponised the positive obligation route under Article 8 requiring Member States to introduce a legal framework offering protection and recognition for same-sex couples. In Maymulakhin and Markiv v. Ukraine, a different approach was taken with the Court instead using Article 14 read in conjunction with Article 8. This post will focus on the latter case and will reflect on its implications for the European Court of Human Rights’ approach to this important issue. It argues that Maymulakhin is significant as it both fortifies and harmonises the Court’s jurisprudence in this area. Moreover, the use of Article 14 and the framing of this issue as one of discrimination, reveals a continuing unwillingness of the Court to accept protection of the traditional family as a legitimate aim. This, in turn, limits the ability of States to justify discrimination on suspect grounds.
Citation
Hayward, A. (2023). Maymulakhin and Markiv v Ukraine: A Case of Love Conquering All?
Digital Artefact Type | Other |
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Online Publication Date | Jul 4, 2023 |
Publication Date | Jul 4, 2023 |
Deposit Date | Jan 25, 2024 |
Public URL | https://durham-repository.worktribe.com/output/2151125 |
External URL | https://strasbourgobservers.com/2023/07/04/maymulakhin-and-markiv-v-ukraine-a-case-of-love-conquering-all/ |
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