Croatia to pay 10,000 euros in respect of non-pecuniary damage and EUR 5,690 in respect of costs and expenses
Human rights judges agreed on February 23, 2016, that Croatia’s decision to make it impossible for a partner in a same-sex relationship to obtain a residence permit for family reunification was discriminatory, Human Rights Europe reports.
In the chamber judgment in the case of Pajić v. Croatia (application no. 68453/13) the European Court of Human Rights unanimously decided that there had been: a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private and family life) of the European Convention on Human Rights.
The complaint was filed by Danka Pajić, a Bosnian national, who is in a stable same-sex relationship with a woman living in Croatia, stating she was discriminated against on the grounds of her sexual orientation when applying for a residence permit in Croatia.
The court found that Pajić was indeed affected by a difference in treatment between different-sex couples and same-sex couples introduced by the Aliens Act, which reserved the possibility of applying for a residence permit for family reunification to different-sex couples.
The Croatian Government failed to show that that difference in treatment was necessary to achieve a legitimate aim or that it was justified by any other convincing reason.
As Just satisfaction (Article 41), the Court ruled that Croatia was to pay Pajić 10,000 euros (EUR) in respect of non-pecuniary damage and EUR 5,690 in respect of costs and expenses.
Entire ruling can be foud HERE
