| Abstract [eng] |
Aspects of the Legal Recognition of Same-Sex Partnerships and Opposite-Sex Partnerships under the European Convention for the Protection of Human Rights and Fundamental Freedoms and their influence on the Law of the Republic of Lithuania. One of the most important problem during last decades is the recognition of civil partnership. While changing public attitudes is the only thing that matter it also influences the law. In many European countries partnership is recognized as a form that is very similar to marriage. In Lithuania on the basis of the law partnership has no legal power that is why the question is does the fact of same-sex and different-sex partnership is acceptable, despite the fact this institute has no legal power. The European Court of Human Rights, according to its decisions, helps us to see the evolution of the interpretation of the norms of the European Convention on Human Rights and Fundamental Freedoms. According to changing public relations, norms are interpreted more favorably despite the fact legislation has not changed. The main aspect of having different - sex partnership is the treatment as a normal family and guarantee to have same law as married persons have. Analyzing cases with different – sex partnership, we can see, that there is no problem to accept the fact of heterosexual partnership. It was harder to recognize when people who are in the registered partnership can be treated as a real family. The regulation of the same – sex relationships shows more problematic aspects, but they are all based on the fact of discrimination. As the European Convention for the Protection of Human Rights and Fundamental Freedoms does not contain an imperative fact, the interpretation of the European Court of Human Rights was influenced by prevailing public relations. Over time, homogeneous couples have not only won the right to have same – sex relationships, but also to have opportunity to establish a partnership or even a marriage. Since 2001 the Civil Code permits possibility of establishing partnerships. On the other hand this institute still has not have legal power. These legislations would allow people of different sexes to register their partnership. The fundamental problem with this institute’s inaction is that the state of Lithuania is not yet fully prepared to accept same – sex relationship. In order to have partnership institute in Lithuania the government must do some actions to stop the discrimination against homosexual couples and adopt legislations to protect their rights eligibly. |
