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

56. The Court acknowledges that the respondent Government have a margin of appreciation to choose the most appropriate form of registration of same-sex unions taking into account its specific social and cultural context (for example, civil partnership, civil union, or civil solidarity act). In the present case they have overstepped that margin, because no legal framework capable of protecting the applicants’ relationships as same-sex couples has been available under domestic law. Giving the applicants access to formal acknowledgment of their couples’ status in a form other than marriage will not be in conflict with the “traditional understanding of marriage” prevailing in Russia, or with the views of the majority to which the Government referred, as those views oppose only same-sex marriages, but they are not against other forms of legal acknowledgment which may exist (see the experience of other Contracting States summarised in paragraph 29 above). There has accordingly been a violation of Article 8 of the Convention.

$ curl -s https://bron.page/api/v1/blobs/f4373ecb44965c045df3173d2c1b0720636dee3a87601e2dd5e4f7fec4271b1e | shasum -a 256