STRASBOURG, France - Europe's top court on Tuesday ruled that Romania is violating the rights of same-sex couples by refusing to legally recognise their unions, dealing a further blow to the socially conservative country.
In Romania, an EU member since 2007, homosexuality was decriminalised only in 2001, but the country still bars marriage and civil partnerships for same-sex couples.
In recent years, the Eastern European country has made several attempts to restrict LGBTQ rights, including trying to axe the field of gender identity studies at universities and schools.
The European Court of Human Rights (ECHR) on Tuesday ruled -- by five votes to two -- that Romania is in violation of Article eight of the European Convention of Human Rights, which provides for the right to respect for private and family life.
The court's judgement follows the legal complaints brought by 21 same-sex couples before the ECHR in 2019 and 2020, arguing they have been denied certain rights provided for married couples under Romanian law.
While the Romanian government -- represented by an official -- argued that the majority of Romanians disapprove of same-sex unions, the court found that this "cannot be set against the applicants' interest in having their respective relationships adequately recognised and protected by law".
In its ruling, the ECHR also stressed that "allowing the recognition of same-sex unions would not undermine the institution of marriage since heterosexual couples can still marry".
The judicial arm of the Council of Europe recalled that member states are required to provide a legal framework that allows for the adequate recognition and protection of the relationship between same-sex couples.