| Abstract [eng] |
The Master's thesis examines the rights of LGBT persons, their protection standards and issues in the practice of the European Court of Human Rights (ECtHR) in the field of marriage, civil partnership and adoption, as well as compliance of Lithuania's legal regulation with the established ECHR standards. The aim of the thesis is to find out what standards of LGBT rights protection are established in ECtHR jurisprudence and how they are implemented in the Lithuanian legal system. The first chapter of the thesis discusses the concept of marriage and family, analyzes the relationship between the two institutions. The right of the LGBT persons to marry and its issues are analyzed in accordance with the jurisprudence of the ECtHR. The right to marriage of same-sex couples and transsexuals is analyzed individually. The standards established by the court are compared with the legal regulation of Lithuania. The second chapter reviews the concept of partnership, establishes the right of LGBT persons civil partnerships in the ECtHR case-law, its development and the (non)implementation in Lithuanian legislation. The third chapter of the Master‘s thesis is devoted to the right of LGBT persons to adopt and other parental rights and obligations under the ECtHR jurisprudence. The rights of LGBT persons to their biological children are revealed, also two ways of adoption are discussed - conventional adoption and second-parent adoption. The right of LGBT persons to adopt is reviewed in the context of Lithuanian law. The main source of the Master‘s thesis is the ECtHR jurisprudence, which is analyzed chronologically, together with the content of the rights in question and the evolution of the Court's position. The paper also refers to the separate opinions of the ECtHR judges, various scientific publications of foreign and Lithuanian authors, and Lithuanian legislation. |
