Bibliogr. s. 43-46

The chapter focuses on Article 12 of the European Convention on Human Rights (ECHR) and its response to the observed variety of relationship designs. The basic assumption is that human rights should commit to value pluralism and embrace social diversity instead of suppressing it. However, Article 12 promotes a very homogeneous vision of family life based on heteronormativity and does not increase the number of people who can live in harmony with themselves, their needs, and values. Instead, it perpetuates an oppressive status quo.

This is because the European Court of Human Rights (ECtHR) interpretation of the right to marry is very narrow and applies only to heterosexual and monogamous marriages. The ECtHR also uses a wide margin of appreciation to respect the culture and tradition of each society, consequently, supporting a very particular way of life. Moreover, the adjudication focuses on the institution of marriage and its preservation rather than on the actual bond between people. Finally, the mere existence of the right to marry in ECHR has a strong symbolic meaning that sends a clear message about what kind of relationship is considered the most desirable.