Case of Schalk and Kopf v. Austria

Europe and Central Asia
Issue: Sexual Orientation and Gender Identity
Document Type: Legal Submission
Date: 2010

The ICJ and other human rights groups submitted an intervention in Schalk & Kopf v. Austria case.

In Schalk & Kopf v. Austria, the European Court of Human Rights held that the denial of a marriage license to a same-sex couple did not run counter to Austria’s obligations under Article 12 of the European Convention, but the Court did hold for the first time that an unmarried same-sex couple without children constituted a family for the purposes of privacy under Article 8.  Moreover, three of the judges held that there was a violation of Article 8 in conjunction with Article 14.

Austria-case Schalk Kopf-judgement-2010 (full text in English, PDF)

Austria-written comment-legal submission-2010 (full text in English, PDF)

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