Homosexuality in European Law: From Act to Identity

This article provides an in-depth analysis of the evolution of the legal status of homosexual people in Europe, tracing the path from criminalization of acts to the contemporary protection of identity as the core of personality. The author examines the transformation of the case law of the European Court of Human Rights, highlighting key moments such as the landmark Dudgeon judgment. The text deconstructs the ECtHR's interpretative tools, including the living instrument doctrine and the state's margin of appreciation, while also highlighting the structural limitations of legal protection and the issue of the private sphere. The analysis incorporates a critical theoretical framework based on the works of Foucault and Butler, illuminating the processes of normalization and emancipation of minorities in the European context.