Recognition of same-sex unions in Andorra
Encyclopedia
In March 2005, the Principality of Andorra
legalised the stable union of a couple.
This new law took effect without the signature of the episcopal co-prince Joan Enric
, the current Bishop of Urgell. Although the co-princes are both Chiefs of State for Andorra, only a single signature is required to sanction and promulgate new laws, and to order their publication in the Principality of Andorra.
The relationship is called "unió estable de parella" - stable union of a couple.
Eligibility
The couple must not be related in direct line by consanguinity
or adoption, or in the collateral line by consanguinity to the fourth degree. Both partners must be adults or emancipated minors; must not be already married or in an existing stable union; must live as a couple; and at least one partner must be a resident of Andorra or an Andorran national.
The process of registration
The couple must submit an application accompanied by the following documents:
A sworn declaration of cohabitation; a copy of the current passport or identity document of both partners; a certificate of residency for each partner (Andorran nationals are exempt from this requirement); a private pact signed by both partners setting out property and personal relations arising from the relationship and the rights and obligations of the relationship; a sworn statement by two witnesses confirming the permanent nature of the cohabitation.
The stable union is registered six months after the declaration and is then entered into the Register of Stable Unions.
Rights and responsibilities
A couple in a stable union have legal rights and responsibilities including the obligation to support one another; the right to compensation and maintenance in the event of a break up; the same rights as spouses for the purposes of social security
and employment law. It also recognises the right to adopt a child, subject to the same rules as a married couple according to the law of adoption. But the adoption law only recognises this possibility for heterosexual couples.
Dissolution
A stable union ends by the marriage of either party; the death of either party; a unilateral declaration by formal written notification notified to the other party; or a mutual declaration.
, leader of the Social Democratic Party
, announced that, if the party won the 2009 elections
, it would open up the debate on same-sex marriage in Andorra. The Social Democrats won the election and Bartumeu became Head of Government
. Nevertheless, no clear commitment was subsequently given over whether, and when, same-sex marriage would be legalised. The Social Democratic Party did not have an outright majority in parliament however, and their agenda was stymied. This led to early elections called for 2011. General elections were held on 3rd of April, and the Social Democratic Party was defeated by the Democrats for Andorra
, with Antoni Martí
becoming Prime Minister. As of June 2011, the new government has not announced plans to legalise, or debate, the issue of same-sex marriage.
Andorra
Andorra , officially the Principality of Andorra , also called the Principality of the Valleys of Andorra, , is a small landlocked country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of...
legalised the stable union of a couple.
This new law took effect without the signature of the episcopal co-prince Joan Enric
Joan Enric Vives Sicília
Archbishop Joan Enric Vives i Sicília is the current Bishop of Urgell, a Roman Catholic diocese, and ex officio Co-Prince of Andorra...
, the current Bishop of Urgell. Although the co-princes are both Chiefs of State for Andorra, only a single signature is required to sanction and promulgate new laws, and to order their publication in the Principality of Andorra.
The relationship is called "unió estable de parella" - stable union of a couple.
Eligibility
The couple must not be related in direct line by consanguinity
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
or adoption, or in the collateral line by consanguinity to the fourth degree. Both partners must be adults or emancipated minors; must not be already married or in an existing stable union; must live as a couple; and at least one partner must be a resident of Andorra or an Andorran national.
The process of registration
The couple must submit an application accompanied by the following documents:
A sworn declaration of cohabitation; a copy of the current passport or identity document of both partners; a certificate of residency for each partner (Andorran nationals are exempt from this requirement); a private pact signed by both partners setting out property and personal relations arising from the relationship and the rights and obligations of the relationship; a sworn statement by two witnesses confirming the permanent nature of the cohabitation.
The stable union is registered six months after the declaration and is then entered into the Register of Stable Unions.
Rights and responsibilities
A couple in a stable union have legal rights and responsibilities including the obligation to support one another; the right to compensation and maintenance in the event of a break up; the same rights as spouses for the purposes of social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
and employment law. It also recognises the right to adopt a child, subject to the same rules as a married couple according to the law of adoption. But the adoption law only recognises this possibility for heterosexual couples.
Dissolution
A stable union ends by the marriage of either party; the death of either party; a unilateral declaration by formal written notification notified to the other party; or a mutual declaration.
Same-sex marriage
On 21 April 2009, Jaume BartumeuJaume Bartumeu
Jaume Bartumeu Cassany is an Andorran lawyer and politician, who served as head of government from 2009 to 2011. He was a founding member of the Social Democratic Party in June 2000, in which he held the position of first secretary between 2000 and 2004...
, leader of the Social Democratic Party
Social Democratic Party (Andorra)
The Social Democratic Party is a social democratic political party in Andorra.In the April 24 2005 legislative elections, the party came second in the elections, with 38.1 % of the popular vote and 11 out of 28 seats. It remained in opposition to the government of the Liberal Party of Andorra...
, announced that, if the party won the 2009 elections
Andorran parliamentary election, 2009
Parliamentary elections were held in Andorra on 26 April 2009, the fourth under the 1993 Constitution. The elections were held at the end of the normal four-year term of the General Council , but also following months of intense pressure from Co-Prince Nicolas Sarkozy to change the country's...
, it would open up the debate on same-sex marriage in Andorra. The Social Democrats won the election and Bartumeu became Head of Government
Head of Government of Andorra
The Head of Government is the chief executive of the government of the Principality of Andorra.The current Cap de Govern is Antoni Martí.-Heads of Government:-See also:*List of Co-Princes of Andorra...
. Nevertheless, no clear commitment was subsequently given over whether, and when, same-sex marriage would be legalised. The Social Democratic Party did not have an outright majority in parliament however, and their agenda was stymied. This led to early elections called for 2011. General elections were held on 3rd of April, and the Social Democratic Party was defeated by the Democrats for Andorra
Democrats for Andorra
Democrats for Andorra is the governing political party in Andorra.They stood as the main opposition party in the 2011 Andorran General Election, being the direct successor of the Reformist Coalition who ran in the 2009 election, and won 20 of the General Council's 28 seats, the largest majority...
, with Antoni Martí
Antoni Martí
Antoni Martí Petit is an Andorran architect and politician who is the country's head of government since 11 May 2011, following a parliamentary election in 2011...
becoming Prime Minister. As of June 2011, the new government has not announced plans to legalise, or debate, the issue of same-sex marriage.
See also
- LGBT rights in Andorra
- Civil unionCivil unionA civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...