Interpretations of the European Court of Human Rights
by Helen Fenwick|Lauren Daniel Fenwick
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Same-Sex Marriage and Registered Partnerships critiques the interpretive approach of the Strasbourg Court to rights to marriage and registered partnership for same-sex couples under Articles 8, 12, 14 and Article 1 of Protocol 12 European Convention on Human Rights (ECHR), encompassing the findings in Fedotova and the post-Fedotova jurisprudence.
It engages with natural law human rights theory and moral philosophy to provide insights into the underpinning normativity of rights to union-formalisation and marriage in light of the fundamental norms that inform the ECHR and international human rights more broadly.
The book examines a current controversy in international human rights law, assessing the impact of Russia’s withdrawal from the Council of Europe and the rise of conservative cultural nationalism on the legitimacy of the European human rights system. Using doctrinal and moral-legal theory, it argues for a more nuanced application of the European consensus doctrine and distinguishes principled incrementalism from the Court’s increasingly indefensible position on same-sex marriage.
Professor Helen Fenwick is Professor of Human Rights Law at the University of Durham. Within the field of human rights, in which she has published a number of books and articles, she has focussed on interpretations of the European Convention on Human Rights at the international level and under the Human Rights Act. Much of her research, especially currently, concerns the Article 8 guarantee of respect for private and family life, in the context of same sex relationship formalisations via marriage and registered partnerships.
Dr Lauren Daniel Fenwick (formerly Daniel Fenwick) is a Senior Lecturer in Law at Northumbria University whose research concerns Article 8 ECHR, same sex relationships, family and relationship privacy, informational and physical/medical privacy; it has formed the basis for publications in Public Law, Legal Studies, Medical Law International and European Human Rights Law Review.
