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Abstract

At the dawn of this century, the ECJ emphasized the power of the Member States to define marriage, and the Council underscored their obligation to combat sexual orientation discrimination through the adoption of a new directive and a five-year Community Action Program to Combat Discrimination (2001–2006). In proposing this plan, the Commission claimed that the “Community is already active in the fight against discrimination,” and then insisted that the “responsibility for implementing the fight against discrimination rests principally with the Member States” (COM(99) 567 final, paragraphs 5–6).

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Notes

  1. In 2005, one of every eight persons is a single adult living alone in the EU-25. Germany and Finland had the highest percentage of singles (17%) and Malta (where divorce is illegal) had the lowest (4%) (Eurostat 2007, 19). According to Eurostat, there are fewer and later marriages, and more divorce. In 2001, for example, there were only five marriages per 1,000 inhabitants in the EU-15 compared with almost eight in 1970. Moreover, for marriages entered into in 1960, the divorce rate was 15%. By 1980, this figure nearly doubled to 28%. Analysts conclude, “The trend towards smaller households, with more people living alone at all ages, is continuing” (Eurostat 2003, 12).

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  2. Ms. Sommestad, a former Social Democratic cabinet minister, insists that in Sweden “No entitlements are targeted at women in their capacity as wives” (2002). It is thus somewhat ironic that this Member State demands that the Council extend housing allowances to Swedish spouses and partners.

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© 2007 R. Amy Elman

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Elman, R.A. (2007). Wedding Rights to Marriage. In: Sexual Equality in an Integrated Europe. Europe in Transition: The Nyu European Studies Series. Palgrave Macmillan, New York. https://doi.org/10.1057/9780230610071_9

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