| More and more countries have changed their attitudes towards homosexuality in recent years,and began to face up to the identity and legal status of homosexuals,paid attention to their rights in legislation and judicial practice,gradually embarked on the road of legalization of same-sex relations.The path to legalization in Europe,which has an early start,rapid development,and wide spread is the most notable one.The legalization of same-sex relationships in Europe has made 17 countries or regions legalize same-sex marriage so far,which is undoubtedly a phenomenon attracting worldwide attention.The reason of this progress is not only the update of the domestic laws of European countries,but also the influence of the ECHR.As the most influential regional human rights convention in Europe,the European Convention on Human Rights has been signed and acceded to by 47 countries so far,which can be said to cover almost all sovereign countries in Europe.Since the purpose of this convention is to promote the protection of human rights and fundamental freedoms in each state party,it provides that the European Court of Human Rights may order the contracting state to adjust its domestic laws if it finds that its laws violate the standards of the ECHR.Since the entry into force of the European Convention on Human Rights,many homosexuals have taken it as a means to protect their rights and interests,and constantly filed complaints to the European Court of Human Rights,and gradually achieved a series of results.Leaving aside domestic laws,how does the ECHR play a role in the process of legalizing same-sex relations in Europe?In order to answer this question,this article reviews the classic judgments of the ECHR on homosexuality-related cases from the perspective of the ECHR.I selected seven representative and valuable cases and through the analysis of these cases,it can be seen that the European Court of Human Rights has made different interpretations of the provisions of the ECHR at different periods.Combining the changes in the attitude of the European Court of Human Rights and its interpretation of the Convention in different cases,the role of the ECHR in the process of legalization of same-sex relations in Europe can be revealed.Finally,this article explores the reasons why the legalization of same-sex relations in Europe can achieve the above results,and looks at the future of thelegalization of same-sex relations in Europe in accordance with the recent development of the ECHR.Through the research,I found that the legalization of same-sex relations in Europe has gone through a tortuous development from the elimination of the charge of homosexual to the gradual elimination of discrimination and even provide legal protection for same-sex partners.In general,this legalization can be divided into three stages: decriminalization of homosexual behavior,non-discrimination of sexual orientation and legalization of same-sex unions.In the process of legalization of same-sex relations in Europe,the European Court of Human Rights adhered to its goal of protecting human rights and realized its moral and value judgment through the use of consensus analysis,the margin of appreciation and living instrument.On the other hand,restricted by its subsidiary status,it is necessary to strike a balance between the pursuit of its own value and the domestic needs of each contracting state in order to maintain its authority and legitimacy in the contracting state.It can be said that the ECHR has played a progressive role in the legalization of same-sex relations in Europe.Together with the domestic laws of the states parties,it has promoted the legalization of same-sex relationships in Europe.Both of them are complementary to each other,and this positive interaction will play a greater role in the protection of homosexual rights in the future. |
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