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The prohibition of discrimination, and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, healthcare ...

Three out of five African countries have laws criminalising homosexuality and the public expression of sexual or gender behaviour that does not conform with heterosexual norms. These same laws even sometimes punish LGBTI (lesbian, gay, trans, intersex) rights advocacy. Some African countries have partly decriminalised LGBTI persons or given them better protection. However, across the continent – with the notable exception of South Africa – such persons are still far from fully enjoying the same rights ...

The study was requested by the European Parliament’s Committee on Women’s Rights and Gender Equality and commissioned, overseen and published by the Policy Department for Citizen’s Rights and Constitutional Affairs. This Study analyses the socio-legal status of the Mail-Order Bride industry in the EU, in terms of regulation, protection of rights, and the consequences of Mail-Order Bride relationships for women, men and children involved. It focuses on the United Kingdom, Germany, the Netherlands ...

In March 2016 the Commission proposed, in parallel, two regulations implementing enhanced cooperation on cross-border aspects of property regimes of marriages and registered partnerships. They replace a pair of earlier proposals from 2011, which lacked unanimous support in the Council.

The founding fathers drafting the US Constitution designed the government so that each branch had a check on the others, in order that no single branch would have absolute power. The Supreme Court's main method of controlling the power of the legislative branch is judicial review. Under this principle, it has the power to examine laws and declare them unconstitutional. While the US Constitution holds that democracy is the appropriate process for change, the Court has now ruled, in Obergefell v. Hodges ...

Upon request by the FEMM Committee, this note gives an overview of the legislation and legal principles in the Member States concerning the guarantee of payment of child maintenance for the custodial parent by the other parent in case of separation or divorce. This guarantee can be regulated by law and can be put in place by a special body or agency. This note pays particular attention to differences between men and women in their roles for the financial support of children.

This note provides an objective analysis of the property law aspects of living together in situations where the relationship has connections with more than one EU Member State. The analysis focuses on couples, whether opposite-sex or same-sex relationships, living together either in the form of a marriage, a registered partnership or who de facto live together. The note identifies main problems related to the matrimonial property regimes and patrimonial aspects of other forms of union with a cross-border ...

This note analyses the provisions on the content and effects of the European Certificate of Succession, laid down in the Proposal for a Regulation on Succession and Wills. The main purpose of the European Certificate is to constitute a proof of the capacity of heir or legatee and the powers of the executors of wills or thirdparty administrators. There is close link between the content and the effects of the European Certificate of succession. They follow from the purpose for which the certificate ...

This paper focuses upon the UK, common law perspective of mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples, covering matters relating to marriage/civil partnership, divorce/dissolution, ancillary relief/financial provision and issues relating to children.

Many EU Member States have introduced specific provisions on same-sex marriages and registered partnerships that grant to homosexual couples a number of rights that differ according to certain patterns, depending upon the degree of differentiation from opposite-sex couples. While the effect on the personal status, the personal relationship and the property regime within the same-sex couple is often the same as in heterosexual relationships, the rights arising from the relationship between the couple ...