New Polish government eyes legalisation of same-sex civil partnerships

11 months ago 44

Poland should legalise same-sex partnerships, Poland’s new Deputy Justice Minister Arkadiusz Myrcha said after a European Court of Human Rights ruling condemned Poland for failing to recognise and protect same-sex couples.

On Tuesday, the European Court of Human Rights (ECHR) ruled that Poland had violated the right to private and family life by denying same-sex couples any form of legal recognition and protection.

Following the ruling, Myrcha was asked by RMF FM radio if the newly appointed Tusk government would legalise same-sex partnerships: “We believe it should be introduced into the Polish legal system.”

He added that he was aware that President Andrzej Duda, who hails from the conservative Law and Justice (PiS) party, was likely to be sceptical of the proposal but that this did not absolve the new cabinet of its duty to “try and show full diligence in introducing these kinds of solutions”.

“We are talking about fundamental human rights,” he stressed, adding that he believed the issue could be raised in parliament “in the near future”.

Asked whether there had been any consultations between the Justice Ministry and the president on the issue, he said he was unaware of them.

The ECHR ruling came after five Polish same-sex couples from the cities of Lodz, Krakow, and Warsaw went to court after local authorities refused to marry them because Polish law only allows marriage between a man and a woman.

The applicants claimed that they had been discriminated against due to it being impossible in Italy to form partnerships, like in the areas of taxation, social rights and family law, the ECHR said in the press release.

The Court concluded that Polish legislation could not be said to meet the fundamental needs for recognition and protection of same-sex couples in stable and committed relationships.

“Same-sex partners were unable to regulate fundamental aspects of their life together, such as property, maintenance, taxation and inheritance. Also, in most situations, their relationship held no weight in dealings with judicial or administrative authorities,” the press release said.

While acknowledging that the protection of the family in the traditional sense was a legitimate ground that could justify a difference in treatment, the ECHR found no basis for considering that granting legal recognition and protection to same-sex couples in a stable and committed relationship “could in itself harm families constituted traditionally or jeopardise their future or integrity”.

(Aleksandra Krzysztoszek | Euractiv.pl)