Equality and Heteronormativity. Heterosexual Majority and Homosexual Minority in the European Convention on Human Rights

The European Convention on Human Rights protects equality through the principle of non-discrimination. However, this approach currently leads to insufficient results to achieve full equality in matters relating to sexual orientation. This chapter will argue that the heteronormative character of the Convention plays a large role in maintaining disparities, disregarding the application of the non-discrimination test in favour of a more conservative approach based on the relevance of consensus. In this framework, it is maintained that the heterosexual majority has the exclusive power to grant their rights and privileges to the homosexual minority, while the supervisory body of the Convention, namely the European Court of Human Rights, seems to accept such dynamic. The chapter concludes by highlighting the dysfunctionalities of such mechanism and suggesting a more coherent approach towards equality within the system of the Convention.