Commentary to the Judgment of the European Court of Human Rights of 16 September 2021 in the Case of X v. Poland (appl. no. 20741/10)

Abstract

At first sight, the commented judgment raises serious dilemmas regarding the basic attitudes of some parts of the Polish society towards a traditional model of marriage and of family relations in confrontation with same-sex emotional bonds. The complicated factual picture of the case comprises both the adult family members and, even more importantly, the minors who are facing the break-up of their family. The European Court of Human Rights tried to properly connect and find a fair balance of all the colliding interests, with necessary exposition of the rights of the youngest child involved in this difficult situation. Dealing with the case the European Court of Human Rights obviously was under the influence of its margin of appreciation doctrine, which is traditionally very important in cases with socalled ‘moral’ content. While approving the final verdict the present commentary confronts mainly the divergent opinion to the judgment, written by the Polish judge, who – as the only one – took a different view to the other members of the Chamber.