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This book examines the development, or lack thereof, of the European Convention on Human Rights (ECHR) in cases involving cohabitants.
Cohabitation is increasingly common across Council of Europe member states, yet cohabitants are typically treated less favourably than spouses or civil partners, often receiving limited financial benefits or no legal protection at all.
As the first comprehensive study of the relationship between the ECHR and cohabitants, it encourages the European Court of Human Rights to interpret the ECHR in a way that may prompt domestic legal change. The book demonstrates how human rights arguments may support enhanced legal protection, analyses the Court’s response to cohabitants’ claims and critically examines their doctrinal and structural barriers. This work makes a valuable contribution to the understanding of cohabitation reform at a European level.
1. Introduction
2. The European Court of Human Rights in Comparative Family Law Contexts
3. The ‘Cohabitation Cases’
4. Analogy
5. Objective and Reasonable Justification
6. Additional Barriers to Success: Ambit and Status
Conclusion