Relationships as a form of self-expression in regional and international human rights jurisprudence

ABSTRACT Relationship recognition schemes regulate the way that relationships are entered, maintained, and dissolved. The jurisprudence on this topic includes substantive cases decided by the European Court of Human Rights and the United Nations Human Rights Committee, and an advisory opinion of the Inter-American Court of Human Rights. Foucault demonstrates that sexuality and relationships are socially constructed concepts that are subject to constant reproduction through various discourses. In the substantive jurisprudence on relationship recognition schemes, the dominant discourse has been one that focuses on relationship structures like marriage and civil partnerships rather than the relationship rights of all people, which has led to discriminatory outcomes. By contrast, incorporating a foundational discourse of relationships as a form of self-expression shifts the focus away from relationship structures to the applicants and their rights, helping to ensure equality and non-discrimination for all relationships while respecting the diversity of relationships.