In a recent ruling, the European Court of Human Rights (ECHR) determined that the lack of recognition for same-sex couples in Poland contravenes the country’s obligations to human rights. According to the ECHR, this failure infringes upon the right to privacy, protected by Article 8 of the European Convention of Human Rights.
The case Przybyszewska and Others v. Poland involved multiple same-sex couples who sought formal recognition for their relationships from Polish local civil registry offices, only to be met with rejection. The judgement stated that because Poland does not provide a legal framework for the recognition and protection of such unions, the couples experienced extreme difficulty in managing significant aspects of their lives, such as property, taxation, and various rights and duties.
Under Article 8 of the European Convention on Human Rights, which protects the right to privacy, the court opined that this violation does not necessitate Poland to legalize same-sex marriages. Instead, the central issue was “the absence in Polish law of any possibility of legal recognition and protection of the relationship of same-sex couples.” Poland ratified the convention in 1993.
The Polish government defended its stance by asserting the absence of a framework for recognizing same-sex relationships under its constitution as an “omission,” arguing that such decisions should fall within the purview of Polish lawmakers. They also contended that no serious harm had been inflicted upon the plaintiffs due to the non-recognition of their relationships.
The court refuted these arguments, maintaining that policies or decisions encapsulating prejudice from a heterosexual majority towards a homosexual minority could not be upheld. The court also held that public opinion and societal attitudes could not justify any discrimination based on sexual orientation.
Moreover, the court noted an alarming rise in anti-LGBTQIA+ sentiment in several areas of Europe, including Poland. In 2019, Swidnik county in Poland adopted a resolution declaring itself as ‘free from LGBT ideology.’ Recently, the proclamation was retracted, seemingly due to the EU withholding funds from Polish provinces that supported the resolution, asserting it breached non-discrimination laws.
To mitigate the situation, Katarzyna Kotula, Poland’s Minister of Equality, promised to prioritize the regulation of same-sex unions, emphasizing that equality is enshrined under Article 32 of the Polish Constitution.
Further information on the judgement can be found here.