Equal Marriage Rights in Europe

JurisdictionEuropean Union
Year2024

Speaker


Ian Sumner holds the position of Professor of Family Law and Private International Law at Tilburg University in the Netherlands. He also serves as the Academic Director for the university's Master of Laws program.


In addition to his academic roles, Sumner is a family and juvenile judge at the District Court Zeeland-West-Brabant in Breda, combining his scholarly expertise with practical judicial experience.



Topic


Professor Dr. Ian Sumner of Tilburg University and the District Court Zeeland-West-Brabant presented on "Equal Marriage Rights in Europe," focusing on substantive law rights, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU).


He explored the ECtHR's evolution on decriminalisation, elimination of discrimination, and transsexuality, citing landmark cases like Dudgeon v. United Kingdom and L and V v. Austria. Sumner also discussed rights to adoption, parental responsibility, and child maintenance, referencing cases such as EB v. France and X v. Poland. Addressing Article 8 ECHR, he covered the margin of appreciation, intimate relationships, and marriage rights, highlighting cases like Schalk and Kopf v. Austria and Goodwin v. United Kingdom.


Sumner further delved into formalisation of relationships and the challenges faced by same-sex relationships, referencing cases such as Fedotova v. Russia. Finally, he examined the CJEU's journey from initial reticence to incremental acknowledgement and new pathways, discussing legislative changes like the Citizenship Rights Directive and the Treaty of Lisbon, as well as significant case law like Coman.



Related documents


Judgment of the CJEU of 7 January 2004 in Case C-117/01: K.B. v National Health Service Pensions Agency and Secretary of State for Health


Judgment of the ECHR (Fourth Section) of 2 March 2010, application

no. 13102/02: Kozak v Poland


Judgment of the CJEU (Grand Chamber) of 5 June 2018 in Case C673/16: Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne


European Convention for the Protection of Human Rights and Fundamental Freedoms



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