Tos pačios lyties asmenų šeiminių santykių teisinio pripažinimo prielaidos ir perspektyvos Lietuvos Respublikoje

LTStraipsnyje atkreipiamas dėmesys į pasaulyje sparčiai plintantį judėjimą tos pačios lyties asmenų šeiminių santykių teisinio pripažinimo link, reikšmingiausią Europos Žmogaus Teisių Teismo praktiką, analizuojamos Lietuvoje vykstančios diskusijos. Pagrindinis straipsnio tikslas – supažindinti skaitytoją su šių santykių pripažinimo formomis Europos valstybėse, taip pat partnerystės instituto padėtimi Lietuvoje, atskleisti šio instituto sociologinę ir teisinę reikšmę.

ENIn recent decades, observed significant improvement of legal regulation of family relations, expanding the concept of family member in order to protect the rights of various groups. One of these groups - the sexual minorities. Article 8 of European Convention on Human Rights is keeping private and family life, and Article 14 - prohibition of discrimination against sexual orientation. According to these two rights, The European Court of Human Rights systematically moved to the legal recognition of same-sex relationships. Case Schalk and Kopf v. Austria has recognized that the same-sex relationships fall within the limits of family life and is retained in Article 8 of the Convention. In another case Vallianatos and Others v. Greece the Court pointed out that the law allows a civil union as one of the forms of partnership, but only the opposite sex is a violation of Article 8 of the Convention and is discriminatory. Finally, in the case Oliari and Others v. Italy Court found that Italy, by not granting rights to same-sex persons from entering into a civil union or marriage violated Article 8 of the Convention and it shows the positive obligation to legally regulate same-sex relationships. There is no consensus reached is European countries how to regulate same sex relationships - part of them recognizes registered partnerships and the other part - the right to marry. However, the majority of European Union countries recognises these relationships so it causes a need to improve EU regulations - for example, the Directive on the free movement of EU citizens and their family members to move and reside freely in their territory were extended family member‘s conception - the directive of „family member“ means and registered partners if the host Member State treat the partnership as equivalent to marriage.The Civil Code of Lithuania enforces rules for registered partnerships between persons of the opposite sex. They do not work while there is an absence of registration procedure which should be provided by a special law. The Constitutional Court in 28 of September, 2011 adopted a resolution stating that the Constitution protects and defends opposed to marriage-based family. So now Lithuania does not recognize nor same-sex unions, as well as the unmarried opposite sex persons relationships. One of the latest attempts to regulate the relations arising from the partnership, it was the possibility for both - same-sex and opposite-sex registered partnership to set up. This bill is a positive in the sense that partnership can be granted for same-sex couples, but the downside is those aspects that such a partnership through compulsory to register and to conclude an agreement similar to marriage, because it does not sufficiently protect people’s who actually live together but does not register their relationships rights. Another draft law proposed to provide the possibility to create patnership only between the opposite-sex individuals. Concerning the foreign experience of these relations, it seems that the most appropriate would be to recognize the right for same sex couples to enter into registered partnerships, as well as to improve the regulation in family law that the opposite sex ones who are unmarried but leads the household could be under legal protection.