Italy: Marriage Ban Violates Human Rights Of Same-Sex Couples In Italy Rules European Court

  • metta

    Posts: 39167

    Jul 21, 2015 4:11 PM GMT
    Marriage Ban Violates Human Rights Of Same-Sex Couples In Italy Rules European Court


    http://www.thenewcivilrightsmovement.com/davidbadash/breaking_couples_win_same_sex_marriage_case_against_italy_at_european_human_rights_court
  • Svnw688

    Posts: 3350

    Jul 21, 2015 7:40 PM GMT
    Thanks for the info Metta.

    I don't mean to bring a wet blanket to the party, but Debbie Downer reminds everyone that the European Court on Human Rights has absolutely NO POWER or jurisdiction over Italy. Therefore, this ruling is as valid as a used piece of toilet paper at a Tennessee truck stop.

    It reminds me of that scene from The Wizard of Oz: (Glenda to the Wicked Witch in Munchkinville) "You have no power here. Be Gone! Before somebody drops a house on you."
  • metta

    Posts: 39167

    Jul 21, 2015 10:09 PM GMT
    The European Court of Human Rights has set precedent that could lead to all 47 member countries granting equal rights to same-sex couples.


    http://www.pinknews.co.uk/2015/07/21/european-court-countries-must-recognise-same-sex-partnerships/
  • mikesandiego

    Posts: 6

    Jul 21, 2015 11:55 PM GMT
    Svnw688 saidThanks for the info Metta.

    I don't mean to bring a wet blanket to the party, but Debbie Downer reminds everyone that the European Court on Human Rights has absolutely NO POWER or jurisdiction over Italy. Therefore, this ruling is as valid as a used piece of toilet paper at a Tennessee truck stop.

    It reminds me of that scene from The Wizard of Oz: (Glenda to the Wicked Witch in Munchkinville) "You have no power here. Be Gone! Before somebody drops a house on you."


    That is simply not true.

    "Most of the Contracting Parties to the European Convention on Human Rights have incorporated the Convention into their own national legal systems, either through constitutional provision, statute or judicial decision." - Wikipedia, citing Helen Keller and Alec Stone Sweet, A Europe of Rights: The Impact of the ECHR on National Legal Systems (Oxford University Press, 2008 )

    From the Court's own website:

    "Are States bound by judgments against them?

    Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers
    of the Council of Europe monitors the execution of judgments, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained.

    How are the Court’s judgments enforced?

    When the Court delivers a judgment finding a violation, the Court transmits the file to the Committee of Ministers of the Council of Europe, which confers with the country concerned and the department responsible for the execution of judgments to decide how the judgment should be executed and how to prevent similar violations of the Convention in the future. This will result in
    general measures, especially amendments to legislation, and individual measures where necessary."

    In short:

    States that are signatories to the European Convention on Human Rights are bound by the Court's decisions because they adopted the Convention into their own legal systems. As such, Italy could appeal the ruling to the Grand Chamber, but decided not to. In fact, the Italian government has pledged to adopt a law in response to this ruling by the end of this year (Corriere della Sera, http://www.corriere.it/cronache/15_luglio_21/diritti-gay-strasburgo-condanna-l-italia-riconosca-unioni-civili-fb17cac6-2f81-11e5-882b-b3496f35c4c0.shtml)

    WOO HOO!



  • Posted by a hidden member.
    Log in to view his profile

    Jul 22, 2015 12:16 AM GMT
    Considering the fact that guys in the EU seem gayer than the gay guys in the US, this comes as no surprise.
  • Joeyphx444

    Posts: 2382

    Jul 22, 2015 4:22 AM GMT
    I think people need jobs there

    Unemployment rate of 12% and unemployment rate among youth at 42% icon_eek.gificon_eek.gif