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Oliari And Others V. Italy
''Oliari and Others v. Italy'' (Application nos. 18766/11 and 36030/11) is a case decided in 2015 by the European Court of Human Rights (ECtHR) in which the Court established a positive obligation upon member states to provide legal recognition for same-sex couples. Background The ECtHR previously held in ''Schalk and Kopf v. Austria'' (2010) that the Convention does not oblige member states to open marriage to same-sex couples, but if there is a different type of partnership scheme, same-sex couples may not be excluded per '' Vallianatos and Others v. Greece'' (2013). Same-sex marriage is not legal in Italy, nor did the country at the time of the case provide any other type of recognition for either opposite-sex or same-sex couples. The applicants were six Italian men (three same-sex couples) who submitted their cases in 2011 after Italian courts rejected their application to marry. Judgment The Court held that Italy violated Article 8 of the European Convention on Human Righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Positive Obligation
Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations. Classical human rights, such as the right to life or freedom of expression, are formulated or understood as prohibitions for the State to act in a way that would violate these rights. Thus, they would imply an obligation for the State not to kill, or an obligation for the State not to impose press censorship. Modern or social rights, on the other hand, imply an obligation for the State to become active, such as to secure individuals' rights to education or employment by building schools and maintaining a healthy economy. Such social rights are generally more difficult to enforce. Positive obligations transpose the concept of State obligations to become active into the field of classical human rights. Thus, in order to secure an individua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Schalk And Kopf V
Schalk is both a patronymic surname and a Germanic given name. As a given name, with the meaning "servant", it has been recorded as early as the 8th century as ''Scalco'' and ''Scalcho''. The composite given name "Godschalk" or "Gottschalk" (God's servant) was more popular with the higher classes. Quite common in the Low Countries in the Middle Ages, it is now primarily an Afrikaans given name. Notable people with the name include: ;Given name * Schalk Booysen (1927–2011), South African sprinter and middle distance runner * Schalk Brits (born 1981), South African rugby player * Schalk Burger (born 1956), South African rugby player using the name ''Burger Geldenhuys'' * Schalk Burger (born 1983), South African rugby player * Schalk Willem Burger (1852-1918), acting President of South Africa (1900-02) * Schalk Ferreira (born 1984), South African rugby player * Schalk Joubert (born 1975), South African bass player * Schalk Oelofse (born 1988), South African rugby player * Schalk v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 8 Of The European Convention On Human Rights
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Right Article 8 is considered to be one of the convention's most open-ended provisions. Family life In ''X, Y, and Z v. UK'', the Court recalls that "the notion of 'family life' in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships. When deciding whether a relationship can be said to amount to 'family life', a number of factors may be relevant, including whether the couples live together, the length of their relationship and whether they have demonstr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obergefell V
''Obergefell v. Hodges'', ( ), is a List of landmark court decisions in the United States, landmark LGBT rights in the United States, LGBT rights case in which the Supreme Court of the United States ruled that the Fundamental rights in the United States, fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment of the Constitution. The 5–4 ruling requires all U.S. state, fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to ''Obergefell'', same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the Same-sex marriage in the District of Columbia, District of Columbia, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 12 Of The European Convention On Human Rights
Article 12 of the European Convention on Human Rights (ECHR) provides for two constituent rights: the right to marry and the right to found a family. With an explicit reference to ‘national laws governing the exercise of this right’, Article 12 raises issues as to the doctrine of the margin of appreciation, and the related principle of subsidiarity most prominent in European Union Law. It has most prominently been utilised, often alongside Article 8 of the Convention, to challenge the denial of same sex marriage in the domestic law of a Contracting state. Text Application As a right contained in the ECHR, Article 12 is available to anyone within the jurisdiction of a Council of Europe member state, otherwise considered as a contracting party to the Convention. The right contained in Article 12 is closely related to Article 8 of the Convention, which secures a right to respect for one's "private and family life, his home and his correspondence." Article 12 has not been as w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Italian Parliament
The Italian Parliament ( it, Parlamento italiano) is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1943), the transitional National Council (1945–1946) and the Constituent Assembly (1946–1948). It is a bicameral legislature with 600 elected members and a small number of unelected members (''senatori a vita''). The Italian Parliament is composed of the Chamber of Deputies (with 400 members or ''deputati'' elected on a national basis), as well as the Senate of the Republic (with 200 members or ''senatori'' elected on a regional basis, plus a small number of senators for life or ''senatori a vita'', either appointed by the President of the Republic or former Presidents themselves, ''ex officio''). The two Houses are independent from one another and never meet jointly except under circumstances specified by the Constitution of Italy. By the Constitution, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition Of Same-sex Unions In Europe
Recognition may refer to: *Award, something given in recognition of an achievement Machine learning *Pattern recognition, a branch of machine learning which encompasses the meanings below Biometric *Recognition of human individuals, or biometrics, used as a form of identification and access control **Facial recognition system, a system to identify individuals by their facial characteristics **Fingerprint recognition, automated method of verifying a match between two human fingerprints **Handwritten biometric recognition, identifies the author of specific handwriting, offline (static) or in real-time (dynamic) **Iris recognition, a method of biometric identification Linguistic *Language identification, the problem of identifying which natural language given content is in *Natural language understanding, the parsing of the meaning of text *Speech recognition, the conversion of spoken words into text *Speaker recognition, the recognition of a speaker from their voice Textual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition Of Same-sex Unions In Italy
Italy has recognised same-sex civil unions ( it, unione civile); german: eingetragene Lebenspartnerschaft; sc, unione civile; lld, uniun zivila; sl, civilna zveza. since 5 June 2016, providing same-sex couples with most of the legal protections enjoyed by opposite-sex married couples. A bill to allow such unions, as well as gender-neutral registered partnerships, was approved by the Senate on 25 February 2016 and the Chamber of Deputies on 11 May and signed into law by the Italian President on 20 May of the same year. The law was published in the official gazette the next day and took effect on 5 June 2016. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these civil unions varied from place to place. History In 1986, the Inter-parliamentary Women's Communist group and Arcigay (Italy's main gay rights organization) for the first time raised the issue of civil u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of LGBT-related Cases Before International Courts And Quasi-judicial Bodies
This list contains cases of the European Commission of Human Rights, European Court of Human Rights (ECtHR), Inter-American Court of Human Rights, Inter-American Commission on Human Rights, Court of Justice of the European Union (CJEU), European Committee of Social Rights (ECSR) and United Nations Human Rights Committee (UN HRC) related to LGBT people. According to one study of the European human rights system, recognition of a LGBT right by the ECtHR increased the likelihood that other countries in the Council of Europe would adopt the LGBT right as policy. Council of Europe European Commission of Human Rights This table is for cases heard only by the European Commission of Human Rights, a human rights body of the Council of Europe disbanded in 1998. Cases heard by the commission and subsequently the European Court of Human Rights are listed in the next table. Both the commission and the court interpret the European Convention on Human Rights. European Court of Human Right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2015 In Case Law
Fifteen or 15 may refer to: *15 (number), the natural number following 14 and preceding 16 *one of the years 15 BC, AD 15, 1915, 2015 Music *Fifteen (band), a punk rock band Albums * ''15'' (Buckcherry album), 2005 * ''15'' (Ani Lorak album), 2007 * ''15'' (Phatfish album), 2008 * ''15'' (mixtape), a 2018 mixtape by Bhad Bhabie * ''Fifteen'' (Green River Ordinance album), 2016 * ''Fifteen'' (The Wailin' Jennys album), 2017 * ''Fifteen'', a 2012 album by Colin James Songs * "Fifteen" (song), a 2008 song by Taylor Swift *"Fifteen", a song by Harry Belafonte from the album '' Love Is a Gentle Thing'' *"15", a song by Rilo Kiley from the album ''Under the Blacklight'' *"15", a song by Marilyn Manson from the album ''The High End of Low'' *"The 15th", a 1979 song by Wire Other uses *Fifteen, Ohio, a community in the United States * ''15'' (film), a 2003 Singaporean film * ''Fifteen'' (TV series), international release name of ''Hillside'', a Canadian-American teen drama *Fif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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