Practice of the European Court of Human Rights in areas of inheritance law

Authors

  • Milena Simović Full professor at the Faculty of Security and Protection of the Independent University in Banja Luka

Abstract

COMPLIANCE WITH ARTICLE 14 IN CONNECTION WITH ARTICLE 8 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND BASIC FREEDOMS Inheriting the right to rent an apartment - homosexual relationship. The goal of protecting the family in the traditional sense is quite abstract and there is a wide range of concrete measures that can be used to achieve that goal. In cases where the states are left with a narrow internal field of discretion, such as the situation where the difference in treatment is based on gender or sexual orientation, the principle of proportionality does not only require that the measure chosen in principle be adequate to achieve the desired goal. It must also be shown that it was necessary to exclude certain categories people, in order to achieve that goal - in this case, persons living in a homosexual relationship - from the scope of application of Article 14 of the Law on Renting an Apartment. The Court cannot see that the State has presented any argument that would allow such a conclusion to be reached.

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Published

2023-05-23