Ruling requiring legalization of same-sex unions becomes final

A European Court of Human Rights ruling, which for the first time requires Council of Europe member states to legally regulate same-sex unions (case Oliari and others v. Italy), has become final. Given that Bosnia and Herzegovina is a member of the Council of Europe, this ruling, like any other, becomes binding for our country, reports the Patria News Agency.

In the aforementioned case, Oliari and others v. Italy, the court considered the case of three same-sex couples from Italy who had been trying to register their life unions in Italy since 2008. Their requests were always rejected, despite the fact that in some Italian municipalities, there was a possibility of symbolic registration of such unions. The European Court of Human Rights concluded that the possibility of symbolic union formation was not sufficient, and that Italy must legally regulate the life unions of same-sex persons, regardless of whether it does so in the form of registered partnerships, civil unions, or any other form it deems appropriate.

In its ruling, the European Court supported the position of the Constitutional Court of Italy, which concluded that Parliament must legally regulate life unions that de facto exist. At the same time, the court, as in some previous rulings, concluded that there is a gap between social reality and the law, and that the legalization of these unions would not in any way represent a burden for Italy. On the contrary, according to the court's understanding, the legalization of same-sex unions would be a solution to an important social issue.

Although the European Court did not find that the applicants' right to marry had been violated, it concluded that the right to privacy (Article 8 of the European Convention on Human Rights) had been violated due to the absence of a law regulating the life unions of same-sex persons.

Article II of the Constitution of Bosnia and Herzegovina guarantees that Bosnia and Herzegovina and both entities will ensure the highest level of internationally recognized human rights and fundamental freedoms, and further states that the rights and freedoms provided for in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols are directly applicable in Bosnia and Herzegovina and that these acts have priority over all other laws, it was announced from the Office of Human Rights in Bosnia and Herzegovina.