The Estonian Supreme Court (the country's highest court) handed down a historic ruling in favor of an LGBT couple. The court ruled that The same-sex partner of a person who has been granted asylum should be considered a member of that person's family, even if their relationship was not officially recognized in their country of origin.
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What happened?
The case arose from the situation of a refugee who had been granted international protection in Estonia and wanted to bring his partner—with whom he had lived for more than ten years—to join him. The Police and Border Guard Board rejected the application for family reunification. Officials cited a law stating that partners are considered a family only if they are officially married or have registered their cohabitation before arriving in Estonia.
Why was that impossible?
Lawyers from the Estonian Human Rights Center, who represented the plaintiff, pointed out the absurdity of these demands. In the country from which the refugee came, LGBT people are subjected to persecution, and the registration of same-sex unions is legally impossible. Thus, the established practice discriminated against LGBT families by depriving them of their right to family reunification, which is guaranteed by the Estonian Constitution.
What was the court's decision?
The State Court upheld the provision of the Law on the Granting of International Protection to Foreigners (Section 7, Part 2) contrary to the Constitution and invalid. The court ruled:
- If the couple was in a genuine relationship before arriving in Estonia, the partner should be considered a family member.
- This rule applies in cases where marriage or registration of a partnership was not possible in the country of origin for reasons beyond the couple's control.
Why is this important?
As Egert Rünne, director of the Center for Human Rights, noted, this decision reaffirms the right of same-sex couples to start a family in Estonia. According to him, the Police Department is now required to follow the Estonian legal system, rather than the laws of “undemocratic states.” Lawyers at the center called this ruling an important victory that makes the country’s legal landscape more transparent and inclusive.
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