Abstract: Same-sex couples’ rights when it comes to marriage can be best advanced through equal enjoyment of citizenship status. Protections through the concept of private life will be of limited effect in this context. Comparison of the jurisprudence of the European Union (EU) and the European Convention on Human Rights (ECHR) demonstrates the contrasting approaches to the treatment of same-sex couples and highlights the preferable path. Both systems have traditionally had restrictive roles in the legal protections offered to gays and same-sex couples. Differences in treatment remain despite the fact that the two systems have started to converge and offer more generous protections. The European Court of Human Rights has led the way in the protection of rights for gays and same-sex couples. The EU concept of citizenship together with a closer interplay with the ECHR may offer the greater support for those who favour same-sex marriage.
Keywords: discrimination; same-sex marriage; European Union; citizenship; margin of appreciation.
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.firstname.lastname@example.org.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.