Romskie tradycje małżeńskie w hiszpańskim i europejskim porządku prawnym. Sprawa Muñoz Diaz przeciwko Hiszpanii
Michałowska, Natalia Karolina
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In the face of recent public moods in Poland concerned with the discussion on informal relationships, in order to analyze European tendencies regarding this issue, the Romani – Muñoz Diaz case against Spain has been elaborated. Despite not having entered into marriage, the Plaintiff demanded that a relationship in which she was, should be given the same consequences that law states for marriages which were entered into in accordance with the law. The violation of provisions against discrimination – for any reasons indicated in the Convention for the Protection of Human Rights and Fundamental Freedoms – is the most common subject of inquiry in the European Court of Human Rights. However, rarely is a proceeding of that significance. The Muñoz Díaz case has become a cause for a discussion on a possibility of a wider interpretation of the Convention’s provisions and creation of a more general idea of freedom. Some claim that this case was a precedent leading to achieving the aim of the Romani community, which is, acknowledging by law the marriages which have been concluded in accordance with their customs. Spain was accused of violating the provisions of Art. 14 of the Convention connected with Art. 12 and Art. 1 of the Protocol no. 1 added to this Convention. In this compilation the whole proceeding has been analyzed, starting with the presentation of the background of the case, through national judicial decision to the decision of the European Court of Human Rights together with the dissenting opinion.
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