A couple’s factual relationship may be considered to constitute a family. This type of relationship cannot currently be registered, or otherwise legally recognized, in Latvia. Therefore, if the partners do not get married, their situation may leave a number of issues unregulated.
Unregulated issues
While marriage provides for certain rights and benefits for spouses, they are not available to couples whose relationship is not legally recognized. These benefits relate to property, inheritance, health care, social benefits and the adoption of a child.
To a certain extent couples can enter into private-law contracts to settle some of these issues, however, these private agreements may fail to provide for some fundamental basic needs required by a couple in a stable and committed relationship.
example A couple who are not married cannot adopt a child together. This means that the child may only be adopted by one partner. There would be no legal recognition of his/her relationship with the other partner, despite living together in a common household and having a close personal relationship.
If a partner is not mentioned in the last will or in a specific inheritance agreement, he/she will not receive any inheritance and will not be entitled to challenge the partner’s last will or the inheritance agreement.
The consent of another person may be needed for some issues to be regulated by a private-law contract.
example If a person rents an apartment and wants his/her partner to move in as well, the consent of the landlord is needed. No such consent is needed for a spouse.
Legal recognition of a relationship & Human rights
The fact that married couples’ rights and benefits are unavailable to unregistered partners may affect the enjoyment of their relationship. It would not, however, lead to a violation of the right to a private and family life for opposite-sex partners, because they are able to get married and thus overcome these potential difficulties. The situation is different for same-sex partners who are currently unable to marry in accordance with the Civil Law or otherwise legally register their relationship in Latvia. However, according to a recent judgment by the Constitutional Court of the Republic of Latvia, Latvian Parliament is bound to draft the legal regulation for relationship between same-sex partners.
Right to marry
Human rights such as the right to marry or the right to a private life do not oblige a State to provide same-sex couples with access to marriage the same way as for opposite-sex couples. Although a State may freely choose the way in which it regulates marriage and civil partnerships it nevertheless has to provide legal recognition and protection for all families.
Equality
A State’s choice not to grant a specific form of recognition to the relationships of same-sex couples is lawful, it may nevertheless have an impact on your private and family life. There may be certain issues related to the fact that you do have a family relationship with your partner, but the lack of legal recognition of your relationship may deny you the opportunity to fully enjoy it in certain areas. These issues include the regulation of mutual rights and obligations that partners have towards each other and the entitlement to privileges which are essential for the development and maintenance of a family relationship, such as the right to adopt a child together.
A lack of regulation in these areas may cause inequality between same-sex and married opposite-sex couples.
What human rights violation may there be?
The lack of legal recognition of a same-sex couple’s relationship may complicate the adequate protection and enjoyment of this relationship in certain situations. This may lead to a violation of your right to a private and family life, together with the prohibition against unequal treatment.
If you believe that your right to a private and family life has been violated due to you not having the same essential rights that a married couple would have, you may submit an application to the Constitutional Court of the Republic of Latvia. The Constitutional Court can evaluate whether the lack of regulation has led to a violation of your right to a private and family life, together with the prohibition against unequal treatment, and in such case may request the Parliament to amend the existing laws accordingly.
You can read more about the Constitutional Court and how to prepare your application in the Law on the Constitutional Court of the Republic of Latvia.
important According to a recent judgment by the Constitutional Court of the Republic of Latvia, Latvian Parliament is bound to draft the legal regulation for relationship between same-sex partners.