The institutionalization of Europe was done in favor of the protection of liberty and human rights. But, is this protection effective for sexual minorities and more precisely for homosexual community? In January 18th 2006, the Parliament of Europe adopted a resolution on homophobia. This measure shows the resistance of European countries and society regarding homosexual rights and tolerance toward them. Effectively homophobia remains present in Europe even if the European institutions try to fight against this curse. This essay will contain legal elements as well as sociologic and historic developments. It will use one book, ?the history on human rights' by Micheline Ishay and several articles (French and English) for reference. Effectively, the decisions of the court are published in English and French, and there are a lot of interesting sources in both languages. The book will be used for the historical approach and development. Moreover, we will analyze the court case law. In order to analyze this topic, it is important to define the key words. Homosexuality "refers to sexual behavior with or attraction to people of the same sex, or to a homosexual orientation. As a sexual orientation, homosexuality refers to "having sexual and romantic attraction primarily or exclusively to members of one's own sex"; "it also refers to an individual's sense of personal and social identity based on those attractions, behaviors expressing them, and membership in a community of others who share them".
[...] We can assert that French society does not accept explicitly homosexuality. Effectively, even if studies show French society was tolerant regarding homosexuality, family remains attach to the traditional family conception ruled in the Napoleon's Code. Hence, French justice is quite reluctant to allow same sex marriage. The Cour de cassation had always refused to do it[40]. Effectively, judge are not legislator, they are only the “voice of the law”. But new developments in European countries in favor of homosexual marriage and adoption could be change the French position. [...]
[...] C-Other European countries IV-Conclusion Bibliography Introduction The institutionalization of Europe was done in favor of the protection of liberty and human rights. But, does this protection is effective for sexual minorities and more precisely for homosexual community? In January 18th 2006, the Parliament of Europe adopted a resolution on homophobia. Therefore, this measure shows the resistance of Europe countries and society regarding homosexual rights and tolerance toward them. Effectively homophobia remains present in Europe even if the European institutions try to fight against this curse. This essay will contain law elements but also sociologic and historic developments. [...]
[...] Turkey does not accept that, homosexual are allowed to serve state armed forces. But Turkey has ratified the Convention. However, it made some reservations and does not allowed the Court having jurisdiction in military issue. Therefore, the Government is not obliged to follow and respect Court's decisions. This example shows the limit of the influence of the Court. Then in Turkey, homosexual community leaves in precarious condition. Effectively, the police have the power to intervene whenever they found behavior against moral value. [...]
[...] Secondly, Article 8 which protect the right to family life, as the right to have a private life which involves a space ideally free from state intervention. And thirdly, article 12 protecting the marriage right. But the European court had never explicitly recognized validity of any same sex union even if the court affirmed that homosexual relationship is part of private life and need to be respected by the member of the Council. Effectively, decision concerning same sex marriage, are limited in the jurisprudence of the Court. [...]
[...] Moreover, for the first time the question of homosexuality was presented on the ground of equality and not on the ground of privacy. Homosexual and family issues: the right to marry and to adopt. Homosexuality involves different features and family issues. Sexual identity is part of private life and actually protected by the Court. Thereby, this recognition involves two issues: first the right to marry and second the right to have children. Right to marry. Marriage was an old institution based on religious traditions before becoming a civil institution. [...]
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