Schalk and Kopf v Austria: ECHR 22 Nov 2010

The applicants, a same sex couple sought the right to marry.
Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide margin of appreciation as to the way in which this is achieved within the domestic legal order.


[2010] ECHR 1996, 30141/04, (2011) 53 EHRR 20




European Convention on Human Rights


Human Rights


Statement of FactsSchalk and Kopf v Austria ECHR 16-Feb-2010
The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the . .
JudgmentSchalk and Kopf v Austria ECHR 24-Jun-2010
The applicants alleged discrimination in that as a same sex couple they were not allowed to marry.
Held: There was no violation.
The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex . .

Cited by:

CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
CitedSteinfeld and Another v Secretary of State for Education CA 21-Feb-2017
Hetero Partnerships – wait and see proportionate
The claimants, a heterosexual couple complained that their inability to have a civil partnership was an unlawful discrimination against them and a denial of their Article 8 rights. The argument that the appellants’ case did not come within the ambit . .
CitedElan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family

Updated: 24 October 2022; Ref: scu.470478