The European Court of Human Rights disciplines Poland. It's about marriages of people of one sex

The European Court of Human Rights (ECtHR) recognized in the judgment announced on Thursday that by not registering the marriage of the same sex contained in Great Britain, Poland broke the article 8 of the Convention on the Protection of Human Rights and Fundamental Freedom. The complaint was lodged by the Citizen of the Republic of Poland Bartholomew Kyle Andersen.

The Tribunal in Strasbourg considered a case initiated in February 2017, when at the Registry Office in Goszczyszyn in the Grójec poviat in Mazovia, a Polish citizen Andersen submitted a request for registration of a marriage contained in Great Britain with the same sex person. After later appeals, the decision of the Civil Registry Office was maintained by the Mazovian Voivode, as well as the Provincial Administrative Court in Warsaw. In February 2020, the Supreme Administrative Court dismissed the plaintiff's cassation complaint.

In the application to the ECtHR Andersen stated that the lack of consent to recognize his relationship was discrimination due to sexual orientation and breaking the article 14 of the convention in connection with Article 8. The plaintiff demanded 10,000. euro compensation and EUR 1588 for costs and expenses incurred before national bodies.

By announcing the verdict, the ECtHR members did not agree with the argument of the government, which indicated that the applicant, among others He did not exhaust national appeal and did not suffer any significant damage, so it cannot be considered a “victim of violation of the Convention.”

In the justification of the decision of the ECtHR, he emphasized that “Member States are obliged to provide a legal framework that enable the same sex couples to be properly recognized and protected by their relationship.” Members of the Tribunal also decided that Poland did not create such frames in relation to the relationship of the same sex. It was also found that none of the premises of the public interest presented by the government's side prevailed over the interest of the applicant, who consisted of appropriate recognition and protection of his relationship by law.

According to the ECtHR verdict, the Polish state is to pay the applicant in three months the amount of 1 thousand. Euro plus costs incurred. At the same time, the remaining part of the claim was dismissed. (PAP)

PIU/ MMS/ MOW/