Protection of the Family in Latvia: Recent Developments

Abstract

This article examines the development of the understanding of the concept of the family in Latvia during the last few years, and reflects the contribution made by the Constitutional Court of the Republic of Latvia to the development of this concept. The article analyses the judgment of the Constitutional Court of 12 November 2020 (case no. 2019–33-01), in which the legislature was determined to regulate the legal relations of same-sex partners (families) and provide for the economic and social protection of all families. The article outlines the problems that were encountered during the execution of this judgment and the constitutional mechanisms with which the conservative parties represented in the Parliament tried to delay the entry into force of the law. Finally, the authors reflect on the changes in the regulatory acts that entered into force on 1 July 2024 introducing the regulation of partnership relations in Latvia, i.e. providing that adult persons will be allowed to register their partnership or cohabitation in accordance with the procedure established by law (a right which will apply also to same-sex partners). Thus, by registration of their partnership, individuals will enjoy wider social protection in various aspects, such as the other partner’s ability to make decisions about the treatment of the partner injured in an accident, the partner’s right to receive support from the state or municipality in cases specifi ed by law, more favourable provisions regarding inheritance processes, taxes, etc.