Two Ukrainian gay couples, through the European Court, demand that the state recognize same-sex partnerships
Two homosexual couples from Ukraine filed complaints with the European Court of Human Rights (ECtHR) in order to regulate their property rights.
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About it the Human Rights Information Center said in a release.
“One couple is from Kyiv, the guys have been living together since 2010 in rented housing, as well as in a house in a village in the Chernigov region. The second couple is from Lugansk. They met in 1998, six years later they bought an apartment together, where they lived until July 2014 - due to the fighting in Donbass they were forced to leave and now live in Kyiv with friends.
Both couples run a joint household; during their life together they have made a number of large purchases (a car, an apartment, household appliances), but this property belongs only to one of the partners. Property relations, including ownership of property, are not officially recognized or regulated by Ukrainian legislation. Therefore, in the event of divorce, illness or death of one of the partners, problems will arise with the division of property,” the message says.
According to the applicants, the national legislation of Ukraine deprives them of the opportunity to register a marriage, since Article 51 of the Constitution of Ukraine provides that “Marriage is based on the voluntary consent of a woman and a man ...”, and in accordance with Part 1 of Article 21 of the Family Code of Ukraine “Marriage is a family union women and men."
The applicants refer to the decision of the ECtHR in the case of Schalk and Kopf v. Austria (no. 30141/04, ECHR 2010), in which the Court recognized that the cohabitation relationship of a same-sex couple living in a stable de facto partnership falls within the concept of “family life”.
Also in the complaint, the applicants remind that in Ukraine there is an institution of civil marriage. Thus, a couple who has not registered a marriage, but lives as one family, has the property acquired jointly on an equal basis. Other articles of the Family Code provide for the right to adopt a child and support a partner who has become disabled.
However, these rights apply only to opposite-sex couples.
“The applicants argue that this difference in rights does not pursue a legitimate aim and is discriminatory because it has no objective and reasonable justification. They believe that they are being discriminated against on the basis of sexual orientation,” the complaint says.
Let us recall that on July 21, the ECHR adopted a decision that requires Italy to provide same-sex couples with more rights to legitimize their union. Since Ukraine is a member of the Council of Europe, the ECHR decision applies to it as well. Also, the judicial body of the Council of Europe has a precedent principle, so this case can be used as an argument when considering other cases.
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