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
Author
aut
Text
xx#
2021
Verfassungsblog
2021-11-09
eng
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.
CC BY-SA 4.0
Kompatscher, Anna
funded by the government
Discrimination of Sexual Orientation
ECtHR
LGBTQI
342
https://staging.verfassungsblog.de/stating-the-obvious/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20211110-182930-0
211109
10.17176/20211110-182930-0
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