Abstract

With its landmark judgment in the Schalk and Kopf vs Austria case, the ECtHR expanded the concept of „family life” to include same-sex couples, which has speed up the process of developing a European consensus for protection of human rights. The article considers the need for Member States to recognize and protect same-sex couples, basing on the ruling practice of the court in Strasbourg. The analysis allowed to conclude that the Court's next step would be to interpret Article 12 of the ECHR as providing for equal access to marriage, both for same-sex and heteronormative couples.