Onder 2.22 Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba 6 december 2022

51. The Court notes that the applicants as other same-sex couples are not legally prevented from living together in couples as families. However, they have no means to have their relationship recognised by law. The domestic law provides for only one form of family unions – a different-sex marriage (see paragraph 23 above). The Court notes the applicants’ submission that without formal acknowledgment same-sex couples are prevented from accessing housing or financing programmes and from visiting their partners in hospital, that they are deprived of guarantees in the criminal proceedings (the right not to witness against the partner), and rights to inherit the property of the deceased partner (see paragraph 40 above). That situation creates a conflict between the social reality of the applicants who live in committed relationships based on mutual affection, and the law, which fails to protect the most regular of “needs” arising in the context of a same-sex couple. That conflict can result in serious daily obstacles for same-sex couples.

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