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Ombudsman on partnerships: there is an obligation to introduce this type of solutions

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The European Court of Human Rights ordered the introduction of a legislative solution institutionalizing same-sex relationships. This is the state's duty and this duty should be fulfilled – said the Ombudsman Marcin Wiącek on Thursday in “Romowo Piaseckiego”.

There is no agreement in the ruling coalition on the draft law on civil partnerships, which is the responsibility of the Minister for Equality Katarzyna Kotula. In addition to the Left, the project is supported by KO and Polska 2050. However PSL does not agree to some of the proposed provisions.

In December 2023, the European Court of Human Rights issued a judgment in a case against Poland brought by five Polish same-sex couples who sought legal recognition of their relationships. The ruling stated that Poland had violated the European Convention on Human Rights and was obliged to introduce legal protection for same-sex couples.

“The obligation to implement a solution of this type”

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– The European Court of Human Rights ordered the introduction of a legislative solution institutionalizing same-sex relationships. This is the duty of the state and this duty should be fulfilled – he said in “Rozmowa Piaseckiego” Ombudsman professor Marcin Wiącek.

He also noted that “its shape is, to a certain minimum extent, defined in the case law of the European Court of Human Rights, for example inheritance, social law or issues relating to property and maintenance obligations.” – However, the final shape is the result of a political decision – he added.

As the Commissioner for Human Rights said, “on the one hand, there is an obligation to introduce such a solution by way of statute, which results from the jurisprudence of the European Court of Human Rights, on the other hand, we have Article 18 (of the constitution – ed.), which talks about marriage as a union between a woman and a man.” – These two values ​​need to be balanced. Their balance is largely the result of a certain political and ideological decision. The decision in this regard should be made by parliamentarians, Wiącek noted.

He emphasized that “there is a state obligation under the European Convention on Human Rights to implement a solution of this type.”

Main photo source: TVN24



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