The European Court of Human Rights (ECHR) one more time passed a judgement in which it stated that Poland had violated the law, denying single-sex couples the anticipation of matrimony abroad. The Court considered that the actions of the Polish authorities constitute a violation of Article 8 of the European Convention on the Rights of Czowieka, which guarantees the right to respect for private and household life. The reasons for the judgement stressed that Poland had ‘learned the applicants in a legal vacuum’ without providing them with adequate protection and designation of their relationships.
Single-gender couple case: no anticipation to marry abroad
The case active 2 couples who wanted to marry in Spain, but the Polish civilian position office refused to issue the essential documents. The complainants, including Tomasz Szypuła and Jakub Urbanik and José Luis Alonso, argued that the deficiency of the anticipation of formalising the relation restricts their rights in key areas specified as partner care leave, joint insurance or inheritance.
The ECHR concluded that Polish law does not supply adequate protection for single-sex couples, which constitutes a violation of their fundamental rights. The judgement states: “Poland has not fulfilled its work to guarantee the designation and protection of their monosexual relationships. This failure has caused the complainants to be incapable to regulate the fundamental aspects of their lives."
Ordo Iuris: judgement contrary to the Constitution of Poland
The Ordo Iuris Institute, which presented the opinion of the ‘friend of the court’ in the proceedings, criticised the judgement of the ECHR, claiming that it was incompatible with the Constitution of the Republic of Poland. The Institute's experts argued that the European Convention on Human Rights, speaking of household life, only means relationships between a female and a man. Patryk Ignaszczak, expert of Ordo Iuris, stressed that the proposals to regulate the position of single-sex couples rise doubts as to their compatibility with Article 18 of the Polish Constitution, which defines matrimony as a relation between a female and a man.
ETPC does not order Poland to legalise single-sex marriages, but points to the request to introduce regulations that will guarantee certain rights for single-sex couples. The Court suggests, inter alia, institutionalisation of concubines or the granting of ex lege rights in the field of medical information or inheritance.
Another ECHR judgement against Poland
This is the 3rd ECHR judgment, which requires Poland to regulate the position of single-sex couples. In December 2023, the Court ruled that Poland had broken the provisions of the European Convention on Human Rights, rejecting applications for designation of single-sex marriages concluded abroad. The complainants argued that the absence of authoritative designation of their unions resulted in adverse tax, social and household solutions.
In his message of reasons for the judgment, the ECHR stressed that ‘the Polish State did not fulfil its work to guarantee the designation and protection of their monosexual relationships. This failure caused the applicants' inability to regulate the basic aspects of their lives and was a violation of their right to respect sexual life."
What about the rights of single-sex couples in Poland?
The judgement of the ECHR puts Poland ahead of the request to introduce changes to the law, which will supply more protection for single-sex couples. Although the Court does not order the legalisation of single-sex marriages, it points to the request to regulate their status, e.g. by introducing a concubinet institution or granting circumstantial rights in the field of inheritance or medical information.
However, this issue is controversial in Poland, where any legal and political environments argue the imposition of regulations on single-sex couples by the ECHR. The Ordo Iuris Institute emphasises that specified changes could be contrary to Article 18 of the Constitution of the Republic of Poland, which defines matrimony as a union between a female and a man.
Summary
The European Court of Human Rights has one more time recognised that Poland has violated the rights of single-sex couples, without providing them with the anticipation to marry abroad or adequate legal protection. This conviction puts Poland ahead of the request to make changes to the law, which will give couples greater designation and protection. At the same time, the verdict is controversial in a country where any of the communities believe that it violates the Polish Constitution.
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Poland has violated the law of single-sex couples – another ECHR judgment
