Same-sex marriage, consensus, certainty and the European Court of Human Rights
Hamilton, F. Full text not archived in this repository. It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing. Abstract/SummaryDiscusses reasons for the ECtHR's failure to recognise the right to same-sex marriage, including the wide margin of appreciation on the issue, and suggests possible reforms that might allow the court to find a consensus on the matter. Examines the need for the issue to balance relativism and universalism, case law on the lack of certainty over how consensus on the subject is determined, the proposed reforms and their potential advantages.
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