A Marriage by Any Other Name? Schalk and Kopf v Austria

Abstract

In Schalk and Kopf v Austria1 the First Section of the European Court of Human Rights (ECtHR or ‘the Court’) had the opportunity to reflect upon the impact of recent developments across Europe extending marriage rights to same-sex couples and/or granting them some other form of legal recognition on its interpretation of the European Convention of Human Rights (ECHR or ‘the Convention’). The Court rejected the applicants’ argument that Austria was obliged to provide their same-sex relationship with legal recognition, whether through marriage or some other institution. Nevertheless, as it made a number of important observations concerning the nature of States’ obligation in this regard, this case is a significant milestone in the Court’s jurisprudence. In fact, Schalk and Kopf raises so many important issues that, as Thienel observes, it is surprising that the Chamber did not relinquish its jurisdiction in favour of the Grand Chamber.2 It...

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