The European Court of Human Rights (ECHR) ruled this week that Italy must recognize same-sex partnerships, a decision that could impact all European nations that fall under the ECHR’s jurisdiction.

In what is being hailed as a landmark decision, Europe’s top human rights court ruled that Italy is breaching the human rights of its citizens by failing to offer same-sex partnership recognition and rights. Italy is the only westernized mainland European nation to offer absolutely no same-gender partnership rights, and this ruling will only serve to increase pressure on center-left prime minister Matteo Renzi, whose government has promised to move forward with civil partnerships but whose efforts have repeatedly floundered.

The ruling, which can be found here, resulted from three gay couples challenging Italian law. The male couples had all been together for an extended number of years and had been denied partnership recognition. They argued that Italy’s failure to provide partnership rights means they are denied the full respect of the law and that, essentially, they are rendered as second class citizens because while Italy has no prohibition against same-sex relationships it manifestly discriminates and thereby treats gay people as less deserving. The plaintiffs highlighted that they must turn to the courts for even the most basic of questions relating to their partnerships, a situation that is both costly and emotionally damaging.

The European Court of Human Rights agreed, specifically saying that Italy’s failure to provide partnership rights breaches Article 8 of the Convention on Human Rights. The Court stopped short of requiring Italy to recognize same-sex marriages under Article 12 (a right to marry), thus continuing its deference to member states in that area, however it did suggest that only equivalent partnership rights, such as Civil Partnerships, would be an acceptable remedy here.

Said the Court in its ruling:

“Concluding that there was no prevailing community interest against which to balance the applicants’ interest to have their relationships legally recognised, the Court found that Italy had failed to fulfill its obligation to ensure that the applicants had available a specific legal framework providing for the recognition and protection of their union. To find otherwise, the Court would have had to be unwilling to take note of the changing conditions in Italy and be reluctant to apply the Convention in a way which was practical and effective.”

This is a victory for gay couples in Italy because, while it is disappointing that the ECHR still will not recognize a fundamental right to marriage equality as part of Article 12, it has made explicitly clear that a failure to recognize same-sex partnerships breaches established human rights and a right to a private family life.

This of course affects more than just Italy however. While it may not translate to pushing states like Northern Ireland into finally recognizing marriage equality, it could impact signatories of the European Convention on Human Rights like Russia that offer absolutely no partnership recognition for same-gender couples. It’s estimated that of 47 countries that fall under the Convention’s mandate, only 24 have granted at least a basic level of legal protection for same-gender couples. As such, this ruling has been hailed as an incredibly important one.

“Today’s court judgment from the European court of human rights is of huge significance,” spokesperson Juris Lavrikovs of Europe’s International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is quoted as saying. “It is for the first time ever that this court recognizes and orders that states should provide some sort of legal recognition, whether it’s civil unions or registered partnerships.”

It’s worth sounding a note of caution on how far we interpret this ruling though. The Court framed its ruling specifically on the circumstances of Italy’s laws: On the one hand Italy had removed legal restrictions on same-sex couples living together, and the government has even enacted certain sexual orientation-inclusive nondiscrimination laws. Yet Italy’s lawyers were defending the status quo of no partnership recognition whatsoever, apparently not seeing the disconnect between anti-discrimination legislation and depriving same-gender couples the rights accessible through marriage or partnerships. This situation is not the same as countries that grant gay people no legal protections whatsoever and so, as is common with new legal standards, exactly how the Court will apply this determination will need to be tested and explored in future cases.

What does emerge clearly from this Case however is that the ECHR’s position on same-sex partnership rights is evolving, and this is incredibly encouraging for same-gender couples throughout Europe.

As for Italy, lawmakers who are backing same-gender partnership recognition have said they believe this affirmation from the ECHR should mean legislation is passed without delay. LGBT rights supporters will be watching over the next few months to make sure that does happen.

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