ECtHR-Judgement of 8 Decembre 2009, Muñoz Díaz v. Spain, 4915/07 - Articles 12 and 14 ECHR - Right to Marry - Discrimination on Ethnic Grounds - Roma Marriage - Article 1 of N.º 1 Protocol - Survivor’s Pension.
Keywords:
Ethnic discrimination, Roma marriage, survivor’s pension, void marriage bona fide, 1995 Framework Agreement, right to marry.Abstract
The judgment Muñoz Díaz issued by the ECHR recognizes the right of the Roma minority to be given a special treatment as for the reception of benefits from the Spanish social protection system, which contradicts the Spanish Constitutional Court dispositions rejecting any unequal legal treatment. The ruling is grounded on the fact that the applicant has acted bona fide and she legitimately trusted in the action of the Spanish State, which had previously issued particular documents which proved she was a married woman. Likewise, the ruling deems it disproportionate the fact that the Spanish State had admitted her husband’s contribution rates for social protection during their entire cohabitation period, subsequently denying the corresponding survivor’s pension after his decease. Notwithstanding, the judgment denies that the union under the Roma tradition shall be treated as an equal of the forms of civil marriage legally provided by the Spanish legal system, which confirms the discretional nature of the State’s construction on the right to marriage granted by article 12 of the ECHR.Downloads
Published
2010-11-05
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CASE LAW EUROPEAN COURT OF HUMAN RIGHTS
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