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Written question No. 647 to the Committee of Ministers | Doc. 13369 | 16 December 2013

Prohibition of same sex marriage in Croatia

Question from Mr Mogens JENSEN, Denmark, SOC

On Sunday 1 December 2013, a majority of the Croatian population voted in favour of an amendment to the Croatian Constitution which prohibits same sex marriage. In several European countries, there is no legal right to same sex marriage, but some of these countries have the possibility of registered/civil partnership for people of the same sex. One thing is the lack of a legal right but an explicit prohibition of same sex marriage and in addition a prohibition which is incorporated in the constitution is something quite different.

Mr Mogens Jensen,

To ask the Committee of Ministers,

Does the Committee of Ministers find that a prohibition of same sex marriage incorporated in a constitution is compatible with the European Convention for the Protection of Human Rights and Fundamental Freedoms? If not, by which means will the Committee of Ministers persuade the Croation government to comply with the Convention?