The gay cake controversy in the United Kingdom and Italian inertia. Issue 6 (December 2022)

• Record Type: Journal Article
• Authors: Breda, Vito; Frau, Matteo
• Is Part Of: Maastricht journal of European and comparative law. Volume 29:Issue 6(2022)
• Page Start: 708
• Page End: 725
• Publication Date: 2022-12
• Subjects: UK law -- Italian law -- EU law -- LGB rights -- discrimination based on sexual orientation -- Lee v. Asher -- Lee v. United Kingdom; Law -- European Union countries -- Periodicals; Comparative law -- Periodicals; 341.2422
• DOI: 10.1177/1023263X231158488
• Languages: English
• ISSNs: 1023-263X

Abstract

In Lee v. United Kingdom, the European Court of Human Rights left gay people partially unprotected against discrimination in commercial transactions in the United Kingdom and, by analogy, in other legal systems, such as the Italian system, where such protection is absent. In this article, it will be argued that the lack of substantive engagement by the European Court of Human Rights should be considered a missed opportunity for the development of European legal systems that do not grant full anti-discrimination protection to gay people.