Poland - December 2023

The European Court of Human Rights (ECHR) found that there had been a violation of five Polish same sex couples’ rights to respect for private and family life (Article 8 of the European Convention on Human Rights), due to the country’s lack of legal protections for same-sex relationships. In the case of Przybyszewska and Others v. Poland, the ECHR found that Poland had failed to adhere to its obligations as a Member State to provide adequate recognition of same-sex relationships. The applicants repeatedly had their marriage applications rejected by Polish authorities, where the Polish Constitution holds that marriage must be between a woman and a man. The Polish government is required to report to the Council of Europe on the implementation of the judgment.

Sources: ECHR (1), ECHR (2), ECHR (3), Gazeta Prawna, ILGA-Europe, Notes from Poland