By not recognising same-sex couples, Poland is violating rights. The European Court of Justice in Strasbourg has ruled

"The Court finds that the Polish State has failed in its obligation to provide the petitioners with a specific legal framework which will give recognition and protection to their same-sex unions," the European Court of Human Rights in Strasbourg said on Tuesday. It ruled in the case of 10 Poles who had appealed to the court, arguing that most states in the Council of Europe provide same-sex couples with the possibility of marriage or registered partnerships, but Poland does not. They also pointed out that they are disadvantaged in Poland in the areas of taxation and social and family law.

"This failure resulted in the petitioners being unable to regulate fundamental aspects of their lives and resulted in a violation of their right to respect for their private life," the court further informed.

According to Reuters, which reported on the ruling, the case dates back to when Poland was ruled by the nationalist Law and Justice (PiS) party, but it quit as the ruling party on Monday as parliament decided that Donald Tusk, who won the October election, would form the new government.

Tusk's support for LGBT+

Unlike the previous government, Tusk promises to improve the legal status of LGBT+ people in Poland. The previous ruling PiS party held the view that same-sex marriage and allowing same-sex couples to adopt children would threaten traditional family structures and harm children. It also argued that teaching about LGBT+ in schools was sexualising children.

Donald Tusk, on the other hand, had already pledged in his election campaign to introduce legal recognition for same-sex couples as part of his fight against discrimination, and even made it one of the priorities of his newly formed cabinet. The current Strasbourg Court ruling will put even more pressure on him to keep his promise.