Fedotova and Others v. Russia: Dawn of a new era for European LGBTQ families?
| Published date | 01 April 2023 |
| DOI | http://doi.org/10.1177/1023263X231195455 |
| Author | Nausica Palazzo |
| Date | 01 April 2023 |
| Subject Matter | Case Notes |
Fedotova and Others v. Russia:
Dawn of a new era for European
LGBTQ families?
Nausica Palazzo*
Abstract
The judgment of the Grand Chamber in the case of Fedotova and Others v. Russia has recognized
the right to legalized same-sex unions under the Convention, thereby significantly impacting
LGBTQ rights throughout Europe. However, this decision also presents intricate challenges con-
cerning the Court’s legitimacy, and resilience amidst the prevailing culture wars on LGBTQ rights.
Following an introduction to the factual background of the case, the note proceeds to analyse the
Court’s judgment. Section 4 critically evaluates the judgment and examines its extensive implica-
tions on geopolitical affairs and the ongoing culture wars. Finally, section 5 provides a concluding
statement.
Keywords
ECHR, families, LGBTQ families, registered partnerships, Fedotova
1. Introduction
The judgment of the Grand Chamber of the European Court of Human Rights (ECtHR) in the case
of Fedotova and Others v. Russia is poised to have a significant impact on the legal status of
LGBTQ families. This landmark decision, delivered in January 2023, recognizes a right to legalized
same-sex unions under the Convention. The Court asserts that Contracting Parties have a positive
obligation to recognize such unions under Article 8 of the Convention, which protects the right to
respect for private and family life. Although the emergence of this positive obligation was already
*NOVA School of Law, Lisboa, Portugal; CEDIS –Centre for Research on Law and Society, Lisboa, Portugal
Corresponding author:
Nausica Palazzo, NOVA School of Law, Campus de Campolide 18, Lisboa, 1099-032, Portugal.
Email: nausica.palazzo@novalaw.unl.pt
Case Note
Maastricht Journal of European and
Comparative Law
2023, Vol. 30(2) 216–228
© The Author(s) 2023
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1023263X231195455
maastrichtjournal.sagepub.com
To continue reading
Request your trial