Conscientious Objection to the Celebration of 'Same-Sex Marriages' and the European Court of Human Rights
Originaly published in French, under the title "L’objection de conscience des maires et la CEDH", in Revue Lamy Droit Civil, n°108, Octobre 2013, pp. 37-42.
17 Pages Posted: 12 Apr 2016
Date Written: October 01, 2013
Abstract
The ECHR has ruled on several cases of conscientious objection. It appears that the objecting mayors can avail of the protection afforded by Article 9 of the Convention. According to the mainstream of jurisprudence, this protection requires the state to institute a mechanism to reconcile the competing rights and interests. The political sensitivity of the matter, however, could prompt the Court to give national authorities a wide margin of appreciation.
Keywords: conscientious objection, same-sex marriages, ECHR, human rights
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