In the judgement of European court of justice is expressed that although in some member states same sex relationships are in same position as opposite sex ralationships, it is still unusual that these relationships are consired as equal. Human right comission says that in spite of that attitudes to homosexuality has changed, article 8 and article14 of Treaty of human rights do not protect homosexuals. Article 8 regulates that people have right to enjoy respect of familylife. That respect does not apply on same sex relationships. There is many opinions.
Privacy makes it impossible to say that one s sexuality is nobodys business.
Article 14 forbids discrimination, but it is not against the article to give better treatment to heterosexuals. European court of justice declares that at this moment it is not illegal discriminate against lesbians and gay men. Robson thinks that anti-discrimination laws classify gays and lesbians with other minorities and force them to behave one way to get protection. Robson also argue that anti-discrimination laws include an assumption that sexual orientation is determined early in one s life and can not be controlled. Because of this assumption gay men and lesbians could be on the mercy of the courts because they can not help themselves for their sexuality.