Onder 2.20 Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba 6 december 2022

192. The Court reiterates that States are still free, under Article 12 of the Convention as well as under Article 14 taken in conjunction with Article 8, to restrict access to marriage to different-sex couples (see Schalk and Kopf, cited above, § 108 and Chapin and Charpentier, cited above, § 39). The same holds for Article 14 taken in conjunction with Article 12 (see Oliari and Others, cited above, § 193). Nevertheless, the Court has acknowledged that same-sex couples are in need of legal recognition and protection of their relationship (see Oliari and Others, cited above, § 165 and the case-law cited therein). Indeed, in Oliari and Others the Court concluded that in the absence of a prevailing community interest being put forward by the Italian Government, against which to balance the applicants’ momentous interests, and in the light of domestic courts’ conclusions on the matter which remained unheeded, the Italian Government had overstepped their margin of appreciation and failed to fulfil their positive obligation to ensure that the applicants had available a specific legal framework providing for the recognition and protection of their same-sex unions (§ 185). There had thus been a breach of Article 8 (§ 187). (…) 194. The Court has already held, in respect of various domestic legislations, that civil unions provide an opportunity to obtain a legal status equal or similar to marriage in many respects (see for example, Schalk and Kopf, § 109, concerning Austria, Hämäläinen, § 83, in connection with the Finnish system, and Chapin and Charpentier, §§ 49 and 51, concerning France, all cited above). The Court considers that, in principle, such a system would prima facie suffice to satisfy Convention standards. (…).

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