nam 22 uu 4500 10.17176/20211110-182930-0 DE-Verfassungsblog cr||||| 211109s2021||||xx#|||||o|||| ||| 0|eng|| 10.17176/20211110-182930-0 doi eng 342 23 Kompatscher, Anna Author aut Stating the Obvious In X v. Poland the ECtHR finds that refusing child custody cannot be based on the sexual orientation of a parent Kompatscher, Anna Verfassungsblog 2021-11-09 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier On September 16th, the ECtHR has ruled in the case X v. Poland that the denial of custody of a child must not be based on the sexual orientation of a parent. According to the Court, Poland has violated Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) of the European Convention of Human Rights when refusing the applicant full parental rights and custody of her youngest child. This ruling comes too late for the applicant, whose child has grown up, as the decision of the ECtHR took twelve years. Neverthelesess, in the current Polish context, the finding of the Court on this case sends an important message. funded by the government CC BY-SA 4.0 Discrimination of Sexual Orientation ECtHR LGBTQI Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://staging.verfassungsblog.de/stating-the-obvious/ raw object