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

73. The Court notes, on the basis of the case file, that the applicants form stable same-sex couples. Furthermore, it is not disputed that their relationships fall within the notion of “private life” within the meaning of Article 8 of the Convention. The Court also points out that in its judgment in Schalk and Kopf (cited above, § 94), it considered that, in view of the rapid evolution in a considerable number of member States regarding the granting of legal recognition to same-sex couples, “it [would be] artificial to maintain the view that, in contrast to a different-sex couple, a same-sex couple [could not] enjoy ‘family life’ for the purposes of Article 8”. Accordingly, the Court is of the view that the applicants’ relationships in the present case fall within the notion of “private life” and that of “family life”, just as would the relationships of different-sex couples in the same situation. It can see no basis for drawing the distinction requested by the Government (see paragraph 65 in fine above) between those applicants who live together and those who – for professional and social reasons – do not (see paragraph 8 above), since in the instant case the fact of not cohabiting does not deprive the couples concerned of the stability which brings them within the scope of family life within the meaning of Article 8.

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