Dissertation: Cross-Border Recognition of Formalized Same-Sex Relationships in Europe - The Role of Ordre Public in the Baltic States and Poland

  • Date:
  • Location: Zoom https://uu-se.zoom.us/j/67693993040
  • Doctoral student: Laima Vaigė
  • Organiser: Department of Law
  • Contact person: Estelle Lerceteau-Köhler
  • Disputation

Laima Vaigė defends her thesis in Private International Law. The defence will be held in English.

Opponent: Doc Máire Ní Shuilleabháin, University College Dublin
Chairperson of the public defence: Prof Maarit Jänterä-Jareborg, Uppsala university

The public can follow the dissertation in the University Hall via a computer provided by the faculty. Use the side entrance.

Abstract

Same-sex relationships have successively qualified for formalization through marriage or registered partnership in many European countries, although some countries in Europe still refuse to give them any form of recognition or only allow very limited effects. The irregular speed of development in domestic family laws in European States results in “limping family” relations, that is, family relations that are recognized as creating a formal family civil status in many European States but not in all of them. The ordre public safeguard of private international law has widely been used to justify why a same-sex marriage or a registered partnership cannot be recognized. National identity is, allegedly, threatened. Nevertheless, case-law of the European Court of Human Rights and the Court of Justice of European Union provides new standards for recognition, which obliges these States. This thesis focuses on the interaction of human rights standards and private international law; investigating the impact of Europeanization on it, and analysing cross-border legal effects of same-sex marriages and registered partnerships in the Baltic States and Poland. The task involves evaluating the impact of culture in this area of study, as created within the context of each State’s recent history, societal developments, and religion. The thesis analyses ideological clashes concerning the inviolability of human dignity and non-discrimination, on the one hand, and a preference for national “traditional” family values, on the other hand.