EUROPEAN COURT OF HUMAN RIGHTS ON THE RIGHTS OF SAME-SEX COUPLES TO MARRY. A VIEW FROM ASOCIAL JUSTICE PERSPECTIVE

Abstract

ECtHR has established case law by which national authorities are obliged to legally recognize and regulate same-sex partnerships. However, they are not obliged to give the right to marry to same-sex partners taking into account dominant moral beliefs in society. This paper aims to test such an approach from the perspective of four theories of justice. The aim is to see if the consistent application of precepts and principles of these theories of justice to this case law makes such an approach of the ECtHR just from the viewpoint of any of these theories of justice. This way what may seem as intuitively just or unjust is tested against concrete and particular standards of justice.