A Ministerial Decree of September 22 allowing resident permit applications based on concubine agreements instead of getting married was no doubt welcomed by those who – for whatever reason – prefer it that way. Others, likely including strongly religious folks, might take a different view.
Concerns about past abuses of cohabitation criteria have reportedly been addressed with so-called checks and balances. The latter are used in this case to confirm legitimacy of relationships.
It will be interesting to see if same-sex couples can also make use of similar possibilities in the future. The High Court in The Hague is handling an appeal case by Aruba and Curaçao against a Dutch Caribbean Joint Court decision that exclusion from civil marriage amounts to discrimination, based on the fact that their constitutions do not stipulate marriage as only between men and women.
This ruling was even referred to as “colonial” during a hearing last month. Parties were given the opportunity to respond to each other’s arguments in writing and the solicitor general is expected to issue his conclusion in January, to be followed by an in-principle irrevocable verdict in the next few months.
Meanwhile, Aruba has adopted a registered partnership for same-sex couples. This affords them equal benefits without being lawfully married.
Outgoing Dutch State Sectary of Kingdom Relations Alexandra van Huffelen recently lamented that such an option still does not exist in Curaçao and St. Maarten. She admitted this violates the European Convention on Human Rights (ECHR).
Curaçao’s Advisory Council (see Monday paper) discouraged a parliamentary initiative limiting marriage to heterosexual couples in the constitution at this point. They confirmed the need, regardless of current legal proceedings’ final outcome, for a same-sex alternative to comply with international treaties mentioning not just private, but also family rights.
It seems St. Maarten too thus has little choice but to at least follow Aruba’s lead. In that sense, the writing is very much on the wall.
