In a landmark decision, the European Court of Human Rights has declared that Poland’s failure to provide legal recognition for same-sex couples violates the right to respect for a private life. This verdict has placed immense pressure on the newly-elected government of Donald Tusk to swiftly amend the existing laws. Ten Polish citizens who had argued for equal rights pointed out that most Council of Europe member states already offer marriage or registered civil unions to same-sex couples, leaving them at a disadvantage in various aspects, including taxation, social rights, and family law.
The court’s statement emphasized, “The Court considered that the Polish State had failed to comply with its duty to ensure that the applicants had a specific legal framework providing for the recognition and protection of their same-sex unions. That failure had resulted in the applicants’ inability to regulate fundamental aspects of their lives and amounted to a breach of their right to respect for their private and family life.”
This case has its roots in the era of the nationalist Law and Justice (PiS) party, which recently lost power. PiS had opposed extending marriage and adoption rights to same-sex couples, arguing that it threatened traditional family structures and was harmful to children. They also opposed LGBTQ-inclusive education in schools, claiming it led to the sexualization of children.
During the election campaign, Donald Tusk had pledged to introduce provisions for same-sex partnerships, making it a priority for his government. As a symbol of commitment to fighting discrimination, Tusk’s cabinet will include a minister for equality, Katarzyna Kotula.
Kotula expressed optimism, stating, “It’s a good day. The time of discrimination is coming to an end. We know that we are all different, but we are equal. We will ensure equality for all — which is guaranteed by the Constitution.” The government is set to face a vote of confidence, and if successful, it could be sworn in soon.
Although ECHR rulings are binding on Council of Europe member states, some cases remain unresolved for years. The Love Does Not Exclude Association, which supported the applicants in court, anticipates that this ruling will exert significant pressure on the government to introduce same-sex partnerships. They believe that the new government, aiming to rebuild Poland’s reputation and address the rule of law crisis, cannot ignore the voices of international bodies such as the tribunal.