The Twilight of the Right to Marry. Remarks on Article 12 of the European Convention on Human Rights.

The presentation focuses on Article 12 of the European Convention on Human Rights (ECHR) and its response to the observed variety of relationship designs. The basic assumption is that human rights should commit to value pluralism and embrace social diversity rather than suppressing it. However, Article 12 promotes a very homogeneous vision of family life based on heteronormativity and does not increase the number of people who can live in harmony with themselves, their needs, and values. Instead, it perpetuates an oppressive status quo.

This is because the European Court of Human Rights' (ECtHR) interpretation of the right to marry is very narrow, applying only to heterosexual and monogamous marriages. The ECtHR also uses a wide margin of appreciation to respect the culture and tradition of each society. Consequently, supporting a very particular way of life based on heteronormativity. Moreover, the adjudication focuses on the institution of marriage and its preservation rather than on the actual bond between people. Finally, the mere existence of the right to marry in ECHR has a strong symbolic meaning that sends a clear message about what kind of relationship is considered the most desirable.

This approach to the right to marry consequently practiced by the ECtHR has far-reaching consequences especially for the LGBTQ+ community in particular, as they are the ones whose relationships often do not follow traditional patterns. Just because of their preferences for love, commitment and intimacy, they are almost automatically excluded from the protection of human rights when it comes to Article 12. Article 12 thus becomes a distorted human right, failing to recognise the dignity and agency of a significant part of European society.