Italy
Past week the Italian Senate voted in favour of same-sex unions – in an overwhelming 173-71 vote – amid controversial negotiations between main political parties which saw second parent adoption and fidelity requirements being removed from the original bill.
This was a significant step forward for Italy, which will soon become the 28th European country to legally recognize same-sex unions. The proposed legislation contains many positive provisions such as equality in matters of tax, social security and inheritance but it failed to reach the expectations of the LGBTI movement in the country and abroad.
While the initial provision would have granted non-biological parents in same-sex unions some parental rights – known as “stepchild” provisions – it was removed from the final bill following a parliamentary agreement between Renzi’s Democratic Party and his coalition partners, the New Centre Rights.
Another provision that addressed the requirement for “faithfulness” in the relationship was removed from the bill, after conservatives complained that the language tried to mimic marriage vows.
These changes caused huge disappointment among the LGBT movement in Italy and the public which already demonstrated big support in several rallies held across country. Rainbow Families, an association for gay and lesbian parents, has called for a protest on March 5th saying that the legislation “ignores the existence and needs of the sons and daughters of homosexuals”.
The bill has still to pass in the lower chamber of deputies, but its passage in the senate was the biggest challenge.
Europe
As of February 2016, 27 out of 50 countries and 4 of the 6 dependent territories in Europe recognize same-sex unions, among them a majority being members of the European Union. The last two countries to have joined are Greece and soon Italy. While same-sex marriage and unions are not recognized all over Europe several countries have worked to define marriage as a union solely between a man and a woman.
The Oliari and others v. Italy case brought in front of the European Court of Human Rights found Italy to be in breach of the European Convention of Human Rights which sets a precedent for potential future cases regarding 23 member states of the Council of Europe and Kosovo, which currently do not recognize same-sex couple’s right to family life.
South-East Europe
While the recent legislative changes recognizing same sex unions in Greece and Italy are encouraging for the countries of south-eastern Europe region, the current situation is far from positive. Bulgaria, Croatia, Montenegro and Serbia define marriage as a union solely between a man and a woman in their Constitutions while Macedonia almost had the same provision being added to its Constitution in 2014, amid a last minute removal following the Venice Commission opinion and pressure from human rights organizations and the international community.
Croatia is also faced by contradicting legislation. Same-sex relations have been formally recognized since 2003 under a law dealing with unregistered cohabitations and the Life Partnership Act of 2014 allows same-sex couples to enjoy rights equal to heterosexual married couples in everything except adoption rights. A 2013 referendum changed Croatia’s Constitution in defining marriage solely as a union between a man and a woman. However, separate legislation provides same-sex couples with a mechanism similar to step-child-adoption called “partner-guardianship”.
In December 2015 the Greek Parliament passed a law allowing for same sex unions despite opposition from the Greek Orthodox Church as well as disagreements between the governing coalition of Syriza and the right-wing group Independent Greeks. Other left-wing and centrist parties voted for the law.
The remaining countries of the region Albania, Bosnia & Herzegovina, Macedonia, Kosovo, Romania and Turkey have no legislation in favour of same-sex unions or marriage.
Almost all countries of the region offer some type of legal protection from discrimination based on sexual orientation with the exception of Turkey and Macedonia (except through the other spheres of life addition in the anti-discrimination law for the latter).