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CASE OF PRZYBYSZEWSKA AND OTHERS v. POLANDDISSENTING OPINION OF JUDGE WOJTYCZEK
Doc ref: • ECHR ID:
Document date: December 12, 2023
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CASE OF PRZYBYSZEWSKA AND OTHERS v. POLANDDISSENTING OPINION OF JUDGE WOJTYCZEK
Doc ref: • ECHR ID:
Document date: December 12, 2023
Cited paragraphs only
DISSENTING OPINION OF JUDGE WOJTYCZEK
1. I respectfully disagree with the majority’s view that the application is admissible and that Article 8 has been violated in the instant case.
2. I refer in this respect to the views I expressed in my dissenting opinion appended to the judgment in Fedotova v. Russia ([GC], nos. 40792/10 and 2 others, 17 January 2023), which were further developed in my joint dissenting opinion with Judge Harutyunyan in Buhuceanu v. Romania (nos. 20081/19 and 20 others, 23 May 2023).
3. I note that the Court’s case-law has never required a system providing for the registration of same-sex couples. Recognition of same-sex couples may be ensured by granting them specific rights ex lege . I further note that the Polish legal system grants a series of rights to same-sex couples and the dynamic domestic case-law is constantly expanding this list. In any event, the list of rights granted to same-sex couples is much more extensive than under the Romanian legal system (see Buhuceanu , cited above). In these circumstances, in my view, the minimum requirements set forth in the Fedotova judgment have been met.
APPENDIX
List of cases:
No.
Application no.
Case name
Lodged on
Applicant Year of birth Place of residence Nationality
Represented by
1.
11454/17
Przybyszewska v. Poland
01/02/2017
Cecylia PRZYBYSZEWSKA 1987 Åódź Polish
Paweł KNUT
2.
11810/17
Starska v. Poland
Barbara Gabriela STARSKA 1987 Åódź Polish
3.
15273/17
Niepielski v. Poland
20/02/2017
Michal Szymon NIEPIELSKI 1963 Cracow Polish
Mikołaj Wacław PIETRZAK
4.
16898/17
PiÄ…tkowski v. Poland
Wojciech Kazimierz PIÄ„TKOWSKI 1972 Cracow Polish
5.
24231/17
Borowska v. Poland
19/03/2017
Karolina Monika BOROWSKA 1991 Warsaw Polish
Krystian LEGIERSKI
6.
24351/17
Keller v. Poland
Agata KELLER 1989 Warsaw Polish
7.
25891/17
ÅoÅ› v. Poland
28/03/2017
Krzysztof Mariusz ALCER
(name changed) 1980 Warsaw Polish
Marcin Piotr WOJCIECHOWSKI
8.
25904/17
Lepianka v. Poland
Grzegorz Adam LEPIANKA 1981 Warsaw Polish
9.
30128/18
Sobczyńska v. Poland
12/06/2018
Malgorzata SOBCZYŃSKA 1981 Åódź Polish
Marcin GÓRSKI
10.
30340/18
Hanuszkiewicz v. Poland
Beata HANUSZKIEWICZ 1976 Åódź Polish
[1] Human Rights Comment entitled “Access to registered same-sex partnerships; it’s a question of equalityâ€, published in 2017 by the Council of Europe Commissioner for Human Rights.
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