Onder 2.24 Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba 6 december 2022

86. The Court notes that the legislation in question does not merely provide for measures aimed at regulating the social realities and attaining the objectives referred to by the Government (see paragraph 80 above). It is designed first and foremost to afford legal recognition to a form of partnership other than marriage, referred to as “civil unions”. This emerges clearly from the content and structure of the Law. Section 1 defines a civil union as a “contract between two different-sex adults governing their life as a couple”. Furthermore, the subsequent sections are not confined to regulating the status of children born outside marriage, but deal with the living arrangements of couples who have entered into a civil union. Sections 6 and 7, for instance, refer to the financial relations between the parties and the maintenance obligations on dissolution of the union. Section 11, meanwhile, provides that when one partner dies the surviving partner is entitled to inherit (see paragraph 16 above).

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