<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>At first sight, the commented judgment raises serious dilemmas regarding the basic attitudes of some parts of the Polish society towards a traditional model of marriage and of family relations in confrontation with same-sex emotional bonds. The complicated factual picture of the case comprises both the adult family members and, even more importantly, the minors who are facing the break-up of their family. The European Court of Human Rights tried to properly connect and find a fair balance of all the colliding interests, with necessary exposition of the rights of the youngest child involved in this difficult situation. Dealing with the case the European Court of Human Rights obviously was under the influence of its margin of appreciation doctrine, which is traditionally very important in cases with so-called ‘moral’ content. While approving the final verdict the present commentary confronts mainly the divergent opinion to the judgment, written by the Polish judge, who – as the only one – took a different view to the other members of the Chamber.</p>
</abstract>

At first sight, the commented judgment raises serious dilemmas regarding the basic attitudes of some parts of the Polish society towards a traditional model of marriage and of family relations in confrontation with same-sex emotional bonds. The complicated factual picture of the case comprises both the adult family members and, even more importantly, the minors who are facing the break-up of their family. The European Court of Human Rights tried to properly connect and find a fair balance of all the colliding interests, with necessary exposition of the rights of the youngest child involved in this difficult situation. Dealing with the case the European Court of Human Rights obviously was under the influence of its margin of appreciation doctrine, which is traditionally very important in cases with so-called ‘moral’ content. While approving the final verdict the present commentary confronts mainly the divergent opinion to the judgment, written by the Polish judge, who – as the only one – took a different view to the other members of the Chamber.

Commentary to the Judgment of the European Court of Human Rights of 16 September 2021 in the Case of X v. Poland (appl. no. 20741/10)

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

At first sight, the commented judgment raises serious dilemmas regarding the basic attitudes of some parts of the Polish society towards a traditional model of...

Commentary to the Judgment of the European Court of Human Rights of 16 September 2021 in the Case of X v. Poland (appl. no. 20741/10)

Data publikacji: 18 paź 2022

Zakres stron: 243 - 258

Otrzymano: 25 sty 2022

Przyjęty: 24 kwi 2022

DOI: https://doi.org/10.15290/bsp.2022.27.03.14

Słowa kluczowe
consistency of the case law, doctrine of margin of appreciation, fair balance of the colliding interests, homosexual union, discrimination, the best interests of the child

© 2022 Bożena Gronowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Commentary to the Judgment of the European Court of Human Rights of 16 September 2021 in the Case of X v. Poland (appl. no. 20741/10)

Data publikacji: 18 paź 2022

Zakres stron: 243 - 258

Otrzymano: 25 sty 2022

Przyjęty: 24 kwi 2022

DOI: https://doi.org/10.15290/bsp.2022.27.03.14

Słowa kluczoweconsistency of the case law, doctrine of margin of appreciation, fair balance of the colliding interests, homosexual union, discrimination, the best interests of the child

© 2022 Bożena Gronowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Słowa kluczowe
consistency of the case law, doctrine of margin of appreciation, fair balance of the colliding interests, homosexual union, discrimination, the best interests of the child