La Cour européenne des droits de l’homme a condamné mardi 17 janvier la Russie pour avoir refusé à des couples de même sexe de se marier, pointant l’absence « d’intention de modifier son droit sur la question ». La Russie est toujours tenue d’appliquer les décisions de la Cour européenne.
La Cour européenne des droits de l’homme (CEDH) a donné raison, mardi 17 janvier, à trois couples homosexuels contre le gouvernement russe. Selon un arrêt de la CEDH, le refus de toute forme de reconnaissance et de protection juridiques constitue une « violation du droit au respect de la vie privée et familiale », garanti par la Convention européenne des droits de l’homme dans son article 8.
La CEDH estime que la jurisprudence sur l’article 8 impose aux États membres « d’offrir un cadre juridique » permettant aux couples homosexuels de bénéficier d’une « reconnaissance et d’une protection adéquates ».
En Russie, nouveau tour de vis contre la « promotion » des LGBT
Or, depuis 2009, ces trois couples homosexuels ont vu leurs demandes de mariage refusées par les bureaux de l’état civil en Russie. Ces derniers avaient justifié leur décision par le droit russe qui définit le mariage comme « l’union conjugale librement consentie entre un homme et une femme ».
La CEDH comme dernier recours
Les couples ont ensuite été déboutés à plusieurs reprises par des juridictions supérieures qui ont jugé qu’ils allaient « à l’encontre des traditions nationales établies ». Des décisions qui ont conduit ces six personnes à saisir la CEDH en 2010 et en 2014.
La Cour a enfin noté « que l’État défendeur n’a pas émis, devant elle, l’intention de modifier son droit interne en vue de permettre aux couples de même sexe de bénéficier d’une reconnaissance officielle et d’un régime de protection ».
Moscou ne fait plus partie du Conseil de l’Europe et de la Convention européenne des droits de l’homme depuis le 16 septembre 2022 mais doit continuer à exécuter les arrêts de la CEDH portant sur les affaires antérieures à sa sortie.
La Croix (avec AFP)
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