Family Law

Cohabitants and the European Court of Human Rights

By Helen Rodway
Coming Soon Bristol University Press Available September 2026

Specifications

ISBN-13
9781529257809
Publisher
Bristol University Press
Publication
September 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book examines the development, or lack thereof, of the European Convention on Human Rights (ECHR) in cases involving cohabitants.

Cohabitation is increasingly common across Council of Europe member states, yet cohabitants are typically treated less favourably than spouses or civil partners, often receiving limited financial benefits or no legal protection at all.

As the first comprehensive study of the relationship between the ECHR and cohabitants, it encourages the Strasbourg Court to interpret the Convention in a way that prompts domestic legal change. The book demonstrates how human rights arguments may support enhanced legal protection, analyses the ECHR’s response to cohabitants’ claims and critically examines their doctrinal and structural barriers. This work makes a valuable contribution to the understanding of cohabitation reform at a European level.

Table of Contents

1. Introduction
2. The European Court of Human Rights in Comparative Family Law Contexts
3. The ‘Cohabitation Cases’
4. Analogy
5. Objective and Reasonable Justification
6. Additional Barriers to Success: Ambit and Status
7. Conclusion
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