By conducting socio-legal research comprised of an internal legal doctrinal approach and an external moral approach, this thesis analyses the extent to which the EU is obligated to enact...Show moreBy conducting socio-legal research comprised of an internal legal doctrinal approach and an external moral approach, this thesis analyses the extent to which the EU is obligated to enact legislation on the recognition of same-sex legal relationships from a legal and moral dimension. The internal legal doctrinal approach locates and analyses the ECtHR’s case law and explicates three legal doctrines demonstrating the ECtHR’s interpretive ethic. This thesis will use the necessary flexibility provided by the legal doctrines to develop and improve the interpretation of the ECHR in order to safeguard the universal enjoyment of the right to respect for family life under Article 8 of the ECHR. The external moral approach illustrates the underlying heteronormative structures of society and the institutionalised system of law within the frameworks of constructivism and queer theory. Following the internal legal doctrinal and external moral approach, this thesis shows discrepancies between law in theory and law in practice and presents reconstructive recommendations in line with legal and social reality to solve these discrepancies. It provides compelling arguments and justifiable means for the ECtHR to broaden the notion of family life within the meaning of Article 8 to include marital same-sex legal relationships, thereby extending the positive obligation flowing from Article 8 with the aim of improving the substantive rights of same-sex couples in the EU and to safeguard the universal enjoyment of Article 8.Show less
