Category Archives: family

ECtHR: Same-Sex Couples Must Be Equally Eligible for Family-Based Migration

IDAHO_2015_Zagreb_HBK_rainbow_sidewalk_2

Rainbow painted on the sidewalk in Zagreb with phrase “love thy neighbor”
Credit: Crol.hr via Wikimedia Commons

In a recent decision regarding family reunification for a same-sex couple, the European Court of Human Rights (ECtHR) found Croatia to have violated a non-citizen’s human rights by denying her application for a residence permit to join her partner in Croatia. See ECtHR, Pajić v. Croatia, no. 68453/13, Judgment of 23 February 2016. The ECtHR unanimously held that Croatia’s Aliens Act, under which same-sex couples do not qualify for residency permits based on family reunification, violated Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private and family life) of the European Convention on Human Rights. Id. at paras. 69-86. Ms. Pajić submitted a complaint to the ECtHR in October 2013, alleging discrimination on the basis of her sexual orientation. Id. at paras. 1, 3.

While the Court has previously considered cases involving discrimination on the basis of sexual orientation in the area of family rights, this is apparently the first time the Court has reviewed a State’s treatment of same-sex couples’ eligibility for family-based migration. See id. at paras. 53-60. See also Oliari and Others v. Italy, nos. 18766/11 and 36030/11, Judgment of 21 July 2015 (legal recognition of same-sex relationships); ECtHR, E.B. v. France [GC], no. 43546/02, Judgment of 22 January 2008 (adoption rights of person in same-sex relationship). A complaint against Italy that also involves same-sex couples’ eligibility for family reunification is currently pending before the Court. See ECtHR, Taddeucci and McCall v. Italy (communicated case), no. 51362/09.  Read more

Committee on Enforced Disappearances Reviews Iraq and Montenegro

States parties and signatories to the International Convention for the Protection of All Persons from Enforced Disappearance
Credit: OHCHR

The United Nations Committee on Enforced Disappearances (CED) is currently holding its 9th session in Geneva, Switzerland from September 7th to 18th. The CED is reviewing State reports of Iraq and Montenegro regarding their implementation of the International Convention for the Protection of All Persons from Enforced Disappearance (Convention). During the session, the CED and each State engage in dialogue on the State’s national report and responses to the issues the CED requested the State to address; the Committee will also consider supplemental reports submitted by civil society organizations and national human rights institutions (NHRIs) concerning the States’ compliance with the Convention. The CED will then adopt concluding observations on the States’ implementation of treaty provisions.

Read more

« Older Entries Recent Entries »