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

52. The Court takes note of the Government’s assertion that the majority of Russians disapprove of same-sex unions. It is true that popular sentiment may play a role in the Court’s assessment when it comes to the justification on the grounds of social morals. However, there is a significant difference between giving way to popular support in favour of extending the scope of the Convention guarantees and a situation where that support is relied on in order to deny access of a significant part of population to fundamental right to respect for private and family life. It would be incompatible with the underlying values of the Convention, as an instrument of the European public order, if the exercise of Convention rights by a minority group were made conditional on its being accepted by the majority (see, mutatis mutandis, Alekseyev, cited above, § 81; Bayev and Others v. Russia, nos. 67667/09 and 2 others, § 70, 20 June 2017; and Beizaras and Levickas v. Lithuania, no. 41288/15, § 122, 14 January 2020).

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