ECtHR holds that gay couples must not be refused residency rights

The European Court of Human Rights (ECtHR) found on the 30th of June 2016 that Italy’s denial of a residence permit to a same-sex couple on ‘family grounds’ was discriminatory. The ECtHR  found in Taddeucci and McCall v Italy that there had been violations of both Article 14, regarding the prohibition of discrimination on grounds of sexual orientation, and of Article 8, concerning respect for family life.

Mr McCall, a New Zealand national, applied for residency in Italy on family grounds, upon expiration of his temporary student permit. At the time, Italy had no civil partnership laws and thus Mr Taddeucci and Mr McCall were not recognised as ‘spouses’. The Italian courts thus upheld the refusal of his residency. This resulted in the situation where it was illegal for the couple to live together in Italy, forcing them to move to the Netherlands, where Mr McCall was granted a residence permit on grounds of being the same-sex partner of an EU Citizen.  

The ECtHR ruled that Italy’s restrictive interpretation of ‘family’ in the traditional sense created a huge problem for same-sex couples, and resulted in their partnership not being legally recognised in the jurisdiction.

In the interim, Italy has since passed civil union laws, but the impact of this decision is still important in a European context, as it will protect same-sex couples throughout the Union. The ruling essentially provides that a specific important right, such as a residence permit for a family member, will no longer be denied to same-sex couples. This will in turn lead to increased recognition of same-sex cohabitation for the purpose of a residence permit, thereby legally recognising their relationship.

To read the press release, please click here.

For the judgement (available only in French), click here.

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