RAZVOJ POLOŽAJA ISTOPOLNIH ZAJEDNICA KROZ PRAKSU EVROPSKOG SUDA ZA LjUDSKA PRAVA

Abstract

The paper intends to show the tendency of the development of the position of same-sex communities through the analysis of the practice of the European Court of Human Rights. In the past two decades, the Court's position on the status of same-sex unions has gone from not recognizing their right to family life to establishing a positive obligation for the member states of the Council of Europe to provide legal recognition to same-sex unions. The Court's practice reflected the convergence of national legislation in this matter, although a European consensus was not reached. Namely, most European countries have introduced certain rights for same-sex couples into their legislation. In the Republic of Serbia, a Model Law on Registered Homosexual Communities was prepared ten years ago, but it has not yet entered into force.