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  • 9 - All Paths Lead to Equality?

  • from Part III - The EU Family and Family Diversity
  • Edited by Marja-Liisa Öberg, Lund University, Alina Tryfonidou, University of Cyprus
  • Book:
    The Family in EU Law
    Published online:
    12 December 2024
    Print publication:
    19 December 2024, pp 151-180
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  • Summary

    This chapter offers an elaborate analysis of the position of same-sex couples and rainbow families under the ECHR and EU law. Addressing issues such as marriage and partnerships, parenthood and parental responsibility, but also social benefits, family reunification and the legal recognition of family ties established abroad, the chapter takes the view that the recognition and protection of family relationships can follow multiple paths and that the ECtHR case law and EU law are mutually reinforcing for the benefit of the rights of same-sex couples and their children. The chapter also acknowledges that subsidiarity considerations lead European bodies to favour a compromise approach, refraining from forcing states to abandon their traditional conception of family law’s fundamental institutions: marriage and parenthood. The chapter, nevertheless, suggests that, at some point in the future, the increased visibility and legitimacy of same-sex couples and rainbow families should ultimately lead to imposing a European and inclusive understanding of these institutions.