Italy is violating human rights by denying three same-sex couples the right to the protection of a civil union, a European court decided Tuesday.
In the judgement of Oliari and Others v. Italy, the European Court of Human Rights judged that the Italian government owes six men 5,000 euros each, plus compensation for expenses.
The ruling claimed that denying these three couples with a legal union is a “violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.” Italy is the only major western European nation where same-sex unions or marriage are not protected by law. Some municipalities allow unions but there is a national ban on marriage at the moment. Same-sex couples are also not entitled to certain marriage benefits like inheritance rights. There are currently 24 out of 47 Council of Europe member states that have legislation in favor of same-sex marriage.
Italy is a country with a strong Catholic identity and a senior Vatican official called Ireland’s recent decision to allow same-sex marriage a “defeat for humanity.”
Thousands marched in Rome last month in opposition to the proposed law that would allow same-sex marriage in Italy.
Nonetheless, Prime Minister Matteo Renzi has promised a law that would change that but Italian parliament is currently blocking the vote. Polls show an increase in support for marriage equality among Italians. “[A]ccording to recent surveys, a majority of the Italian population supported legal recognition of homosexual couples,” the press release issued by the court’s registrar read.
The three couples argued in court that they were being discriminated against based on their sexual orientation. The three couples have all been in long term relationships. The problem in Italy seems to be that the law is not on par with society’s view of same-sex marriage. “It followed from this situation that there was a conflict between the social reality of the applicants, who for the most part lived their relationship openly in Italy, and the law, which gave them no official recognition,” the press release read.