Informujemy, że Państwa dane osobowe są przetwarzane przez Fundację Instytut na Rzecz Kultury Prawnej Ordo Iuris z siedzibą w Warszawie przy ul. Górnośląskiej 20/6, kod pocztowy 00-484 (administrator danych) w celu informowania o realizacji działań statutowych, w tym do informowania o organizowanych akcjach społecznych. Podanie danych jest dobrowolne. Informujemy, że przysługuje Państwu prawo dostępu do treści swoich danych i możliwości ich poprawiania.
Skip to main content
PL | EN
Facebook Twitter Youtube

Ordo Iuris intervenes in Strasbourg to defend the identity of marriage

Published: 27.08.2021

Adobe Stock

Two Bulgarian women have filed a complaint to the European Court of Human Rights against their own country, whose authorities refused to register their ‘marriage’ concluded in the United Kingdom.

The decision was upheld by the courts in Bulgaria, including the Supreme Administrative Court, which indicated that only a union between a man and a woman can be considered a marriage.

The Ordo Iuris Institute submitted an amicus curiae brief in this case to the Court.

The lawyers stressed that EU Member States do not have to recognise the so-called ‘same-sex marriages’ concluded abroad. This is also confirmed by court rulings from various countries.

Following the Supreme Administrative Court’s ruling, Darina Kollova and Lillia Babulkova appealed to the ECtHR. The women used legal assistance from Deystva (Действие), a Bulgarian LGBT organisation. They alleged that Bulgaria violated their right to respect for their family life and the right to non-discrimination.

The Ordo Iuris Institute applied to the Chairman of the IV Section of the ECtHR with a request for permission to join the proceedings as an amicus curiae. After obtaining the permit, the Institute sent an amicus curiae brief to the Strasbourg Court, in which it argued that Member States do not have to recognise so-called same-sex marriages concluded by their citizens abroad. The Institute’s brief presents, for example, rulings of Polish, Italian and Bulgarian courts which refused to recognise foreign homosexual ‘marriages’, citing the protection of public morality, public order or the definition of marriage in force in national law. In its jurisprudence to date, the Court itself has recognised the authority of independent national courts, only exceptionally allowing the established line of jurisprudence in a given country to be challenged. In the case of the recognition of same-sex unions, there is no reason for such intervention.

‘In accordance with the case-law of the ECtHR, states have a so-called margin of freedom in areas of social life that are morally controversial, and the issue of same-sex relationships is certainly one of these. Unfortunately, in practice, the Court is gradually retreating from this position, as evidenced by the 2015, 2017 and 2021 judgements that ordered Italy and Russia to institutionalise same-sex relationships. Nevertheless, we are intervening in more cases of this type reaching the ECtHR, with whose help LGBT activists are trying to force a change in the definition of marriage and family in their countries, even against the views of the majority of their compatriots. This is the case in Bulgaria, where over 70% of the population opposes the introduction of so-called gay marriages. In our opinions sent to Strasbourg, we try to convince the Court that states should not be forced to establish or recognise legal institutions which raise moral objections of the majority of society’, said Karolina Pawłowska from the International Law Centre of the Ordo Iuris Institute.

Family and marriage

05.09.2021

A paedophile molesting a Polish child in Norway remains unpunished

The Ordo Iuris Institute is representing a Polish child who fell victim to a paedophile in Norway.

The Norwegian authority for children – Barnevernet – took the child away from his parents solely on the basis of unverified information about alleged domestic violence.

Read more
Family and marriage

26.08.2021

UNICEF plans to negatively impact children’s welfare

• The United Nations Children’s Fund (UNICEF) has presented a strategic plan that is based on the promotion of so-called reproductive and sexual rights, reports the Center for Family and Human Rights.

Read more
Family and marriage

25.08.2021

Caring for the welfare of the youngest – Ordo Iuris report for the UN

The 88th session of the Committee on the Rights of the Child is approaching – a unit of the United Nations whose task is to supervise the observance of the provisions of the Convention on the

Read more
Family and marriage

25.08.2021

Czech Constitutional Court ruled out the possibility of concluding 'same-sex marriage' and homoadoption

The Constitutional Court of the Czech Republic ruled that the constitution excludes the legal possibility of equating civil partnership with the institution of marriage understood as a union between a woman and a man.

Read more