The European Court of Human Rights (ECHR) last month handed down a landmark ruling that has deemed the refusal of French Authorities to allow gay and lesbian adoption of children a breach of the European Convention on Human Rights. The convention is binding on all 47 members of the Council of Europe who ratified it.
The ruling came after French authorities denied a woman the right to adopt a child with her partner of eighteen years, citing her sexual orientation and the lack of a ‘paternal referent’ as grounds. The ruling, which held by ten votes to seven, is a turning point in the court’s history on family rights – in a previous case in 2002, ECHR ruled that preventing a gay man from adopting a child because of his sexual orientation did not breach the convention. The decision now means that all European nations who allow single parents to adopt will no longer be able to discriminate against applicants due to their sexual orientation.
The decision has been celebrated by gay and lesbian lobby groups across Europe.
In a media statement, Human Rights Watch LGBT program director Scott Long said, ‘This groundbreaking ruling means governments can’t use sexual orientation to stop someone from adopting a child.’
‘Adoption decisions should be based on the best interests of the child, uncontaminated by prejudice.’
Human Rights Watch along with other gay rights groups have called on governments to be proactive in securing rights for gay and lesbian couples and to use the ruling as a catalyst for alterations to prohibitive legislation.
‘Sexual orientation should not be a factor in determining the best interest of the child. Prejudice should never interfere with giving children the care and love they deserve,’ Mr Long said.
