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ECHR rules Poland must recognize same-sex unions, ombudsman urges compliance

05.01.2024 14:15
In a pivotal ruling, the European Court of Human Rights (ECHR) has declared that Poland's failure to legally recognize same-sex unions constitutes a violation of the European Convention on Human Rights.
Marcin Wiącek.
Marcin Wiącek.Photo: PAP/Paweł Supernak

The ruling, which came as a result of the Przybyszewska and Others v. Poland case, highlights the need for legal frameworks that respect and protect the rights of same-sex couples.

Poland's Ombudsman, Marcin Wiącek, in response to this ruling, emphasized the state's responsibility to adhere to the decision. "The state should work out a concept of a registered union of same-sex partners," Wiącek told Dziennik Gazeta Prawna.

"The ECHR ruling regarding the Przybyszewska and Others v. Poland case issued on Dec. 12, 2023, clearly states that same-sex unions must be legally recognized," he added.

The ombudsman further clarified the scope of the ECHR's ruling, stating that it does not necessarily demand marriage equality but insists on the institutionalization of same-sex unions in key life aspects such as property, maintenance, taxation, inheritance, and access to health information about a partner.

"ECHR rulings should be implemented without an unreasonable delay," Wiącek told the daily. He also reminded that international agreements like the European Convention on Human Rights, ratified by Poland, supersede national law and obligate the Polish parliament to act accordingly. "This is one of the fundamental provisions of Poland's membership of the Council of Europe," he concluded.

Source: IAR, PAP