The Grand Chamber of the Strasbourg-based European Court of Human Rights (ECHR), on Thursday ruled that Greece was discriminating against same-sex couples, by not recognizing their right to participate in ‘civil unions’. The concept of ‘civil unions’ was introduced into Greek law in 2008 and allowed for alternative, more flexible forms of marriage for couples of different sex.
The case was brought to the ECHR in 2009 by Gregory Vallianatos and seven others, all in same-sex relationships. The Grand Chamber, by a majority of 16 to one, also ruled that the Greek state should award damages to seven of the applicants and cover the legal costs incurred by all eight of them.
Another, possibly more important consequence of the “Vallianatos and others against Greece” case, is that for the first time the ECHR posits a “specific legislative solution to a social problem that has allegedly not been solved by the national legislator”. According to the November 7 judgment, “the Court is no longer a mere ‘negative legislator’: it assumes the role of a supra-national ‘positive legislator’ which intervenes directly in the face of a supposed legislative omission by a State Party.”
The court’s remit is to uphold the European Convention for the Protection of Human Rights and Fundamental Freedoms. In the Vallianatos case, the court found that Greece had violated article 14 of the convention in conjunction with article 8, pertaining to discrimination based on sexual orientation.
Gregory Vallianatos, a gender rights and civil liberties activist, along with his partner and another three same-sex couples, in 2009 decided they had no alternative but to directly apply to the ECHR. Mr. Vallianatos, who is also the leader of Greece’s Liberal Alliance party, on Wednesday told ThePressProject International that he felt very happy about the court’s decision.
“The possibility for us to find justice in a Greek court, just didn’t exist,” he said, when asked why he had resorted to the ECHR directly. He also said that he had to overcome the hostility of society and the indifference of his country’s two main political parties, New Democracy and PASOK. “From [having] sex behind the bushes, we have now moved to a conversation about [having a] family,” Mr. Vallianatos said, referring to the rights of lesbian, gay, bisexual and transgender community in Greece.
The Greek justice ministry will study the ruling, according to ekathimerini.com.