Giuseppe Puma

ECHR and the Registration of Same-sex Marriage Celebrated Abroad.

  • Abstract

Informations and abstract

Keywords: Samesex Marriage; Cross-Border Continuity; Right to Respect of Private and Family Life; Interpretation; Status Acquired Abroad.

The paper analyses the issue of the registration of same-sex marriage celebrated abroad into the Italian Registry of Civil Status. In certain circumstances the denial of such a registration may give rise to a breach of the right to "cross-border continuity" enshrined in art. 8 of the ECHR, insofar as it realizes a disproportionate interference into the individual right to the respect of family life and to the recognition of status validly acquired abroad. The author contends that in these cases national judges may play a role, interpreting domestic rules consistently with art. 8 and, consequently, granting registration of a samesex marriage, even though Italian legislation does not provide for such a marriage.

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