La tutela delle coppie omosessuali nella recente giurisprudenza della Corte europea dei diritti umani: il caso Schalk e Kopf

The article deals with the very controversial issue of legal recognition of same-sex couples by starting from the judgment rendered by the European COurt of HUman Rights in the case of Schalk and Kopf v. Austria. The case was brought to the attention of the Court by two austrian nationals, who complained that the legal impossibility of a same-sex couple marrying under Austrian law violated their right to respect for private and family life and the principle of non-discrimination. The article focuses on two main interesting points: the fact that the Court no longer considered that the right to marry enshrined in Article 12 must in all circumstances be limited to marriage between two people of different sex; the recognition by the Court of the right to family life of same sex couples.