L’eteronormatività nell’operato della Corte europea dei diritti umani: luci e ombre in materia di riconoscimento giuridico delle coppie formate da persone dello stesso sesso

Abstract

In this article the author reflects upon the relation between heteronormativity and judicial review, with specific regard to the Ecthr’s jurisprudence concerning sexual orientation. Firstly, the author offers a description of the specific declination of heteronormativity in the legal context and argues that judicial interpretation represents a symbolic and legal key to promote a legal culture detached from a heteronormative perception of sexuality and family. Then, the author justifies a peculiar theoretical framework derived from legal antiformalism, gender studies and queer works in order to conceive a useful frame to analyze the Ecthr’s jurisprudence. Next, the author offers a documental analysis of judgments concerning the legal recognition of same-sex couples, among which Vallianatos and Others v Greece represents an example of an innovative legal reasoning, although quite problematic. Lastly, some comments are given about a possible evaluation of Ecthr’s reasoning in disrupting heteronormative judicial outcomes.

Keywords: heteronormativity, Ecthr, sexual orientation, judicial review, Vallianatos and others v Greece.