The problems of sexual orientation entered the realm of fundamental rights relatively late. The traditional position, based on – moral and legal – condemnation of gay and lesbian relations was not challenged head on until the end of the 1960s. Subsequent developments in constitutional and international law on fundamental rights have moved from depenalization to sectoral protection against discrimination and, ultimately, to full (or partial) legal recognition of same-sex couples. Whereas the former two stages have already been completed in many European countries, the latter is still waiting for the elaboration of universal standards.
Nevertheless, gay and lesbian rights are now everywhere discussed from the perspective of fundamental rights, i.e., standards imposed by national constitutions and by the international (European) law on human rights. It opens wide room for adjudication before domestic constitutional/supreme courts as well as before different international and supranational courts. Two areas of that adjudication deserve some comments. FULL DETAILS