The new Article 36 par 5 provides that “a family is created upon voluntary union of a man and a woman who reached the age of consent and entry into marriage […, which] shall be registered by the state”. This could imply that only the union of a man and a woman would be recognized by the state/public authorities as a “family”. Such a provision may de facto limit access to certain state/public benefits which are dependent upon “family status”/official marriage (e.g., certain social security benefits, economic protection benefits, access to social housing, child and health benefits). This would also indirectly discriminate against unmarried couples, those in a de facto relationship or same-sex partners. In principle, any difference in treatment on the basis of marital or family status must be justified on reasonable and objective criteria, and be proportionate. As regards same-sex partners, they would be subject to intersecting forms of discriminationon the basis of both, their sexual orientation and their family status. While same-sex marriages are debated in many OSCE participating States and the practice varies greatly across the OSCE and the Council of Europe regions, the new provision could be problematic under the right to freedom from discrimination based on one’s sexual orientation.124 It is thus recommended to retain the current wording of Article 36 par 5, while at the same time ensuring, as recommended by UN human rights monitoring bodies, that legislative measures necessary to protect the rights especially of women upon dissolution of unregistered marriages are also guaranteed.