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Adoption by same-sex partners soon to be ruled on by European court

Aleteia - published on 02/18/13 - updated on 06/08/17


Ultimately, what is at stake in this case is the extent of adults’ power over children: will they be able to deny reality and falsify a child’s parentage to satisfy their own desires and erase their past, even to the point of removing the child from the equation? The will to power is now expressed by the claim to rights.

One must hope that the reality of parentage will remain a natural anchor strong enough to protect children against the selfishness and inconstancy of adults, and that the European Court will not abandon them in the face of it.

——— 

[1] Convention on the Rights of the Child art. 5 and the European Convention on Children Born Out of Wedlock, art. 6.
 [2] The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (1993) art. 4 and European Convention on the Adoption of Children (revised 2008) art. 5.
 [3]  Schwizgebel v. Switzerland  June 10, 2010, Appl. 25762/07, § 95, see also  EP v. Italy, No. 31127/96, § 62, September 16, 1999, and Johansen v. Norway, August 7, 1996, § 78, Reports 1996-III.
 [4] The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (art. 1) and the Convention on the Rights of the Child (art. 21).
 [5] Art. 9 of the Convention on the Rights of the Child.
 [6]  EB c. France  [GC], no. 43546/02, § 41, January 22, 2008  Schwizgebel v. Switzerland June 10, 2010, No. 25762/07 § 72; Gas and Dubois v. France March 5, 2012, No. 25951/07 § 37.
 [7]  SH v. Austria, GC, Nov. 3, 2011, No. 57813/00 § 104.
 [8]  Schwizgebel v. Switzerland June 10, 2010, Appl. 25762/07, § 88s
 [9]  SH v. Austria, GC, Nov. 3, 2011, No. 57813/00 § 104.
 [10]  Emonet v. Switzerland  December 13, 2007, No. 39051/03, § 80, Gas and Dubois v. France  March 15, 2012, No. 25951/07, § 72.

*          *          *

REFERENCE
•      Presentation of deeds carried out by the Court
•      Written comments of the ECLJ  in the case of  X and Others versus Austria. (No. 19010/07)
•      ECLJ,  Synthetic analysis of the case  X and Others versus Austria  (No. 19010/07)
•      On the judgment of the ECHR in the case Gas and Dubois versus France (and here in English )

The European Centre for Law and Justice is a non-governmental organisation dedicated to the promotion and protection of human rights in Europe and worldwide. The ECLJ has had special consultative status with the United Nations/ECOSOC since 2007 and acts in the legal, legislative and cultural domains. The ECLJ advocates in particular the protection of religious freedom, life and the dignity of the person in the European Court of Human Rights and through other mechanisms offered by the United Nations, the Council of Europe, the European Parliament and the Organization for Security and Cooperation in Europe (OSCE). The ECLJ bases its work on “spiritual and moral values ​​which are the common heritage of the [European] peoples and which are the true source of individual freedom, political liberty, and the rule of law, and which underpin all genuine democracy” (Preamble to the Statute of the Council of Europe).

European Centre for Law and Justice
4, Quai Koch
67000 Strasbourg, France
Phone: + 33 (0) 3 88 24 94 40
Fax: + 33 (0) 3 88 24 94 47
http://www.eclj.org
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