Civil Unions Irrespective of Borders: International Human Rights and Queer Equality
Year: 2026
Type: article
Abstract: Borderless recognition of civil union for same sex is not merely an administrative convenience but it’s a demand for a dignity. The paper tries to focus on the presence of such laws that supports and dignifies same sex couples irrespective of their origin beyond the territories based on human rights. In today's globalised world, the legal rights of same-sex couples are still one of the most debated areas of private international law and human rights. While progress in queer rights at home has speed up, civil unions are often not recognised across national borders, which leads to limping relationships. This study focuses on the conflict between state sovereignty and the universal right to family life. It focuses on the need for a cross-border framework that makes sure civil unions are recognised no matter where they are located. The study takes a multi-jurisdictional doctrinal approach, looking at recent decisions made by the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights, and new legal systems that are developing in the Global South. The concept of borderless queer civil union is not only restricted to legal regime but also to the ethical and political values of the country. By synthesising Human rights instruments which includes the Yogyakarta Principles and the International Covenant on Civil and Political Rights (ICCPR). Further the paper evaluates the legal portability of civil status and aims to comparative analysis of the public policy exception used by states to deny the administrative recognition of queer unions.
Authors: Vivek Singh, Shweta Thakur
Institution: Galgotias University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7166324397