by Rex Wockner
International News
The Grand Chamber of the European Court of Human Rights ruled Jan. 22 that gay people cannot be excluded from access to the adoption process based on their sexual orientation.
In a 10-7 decision in the case E.B. v. France, the court found that France's refusal to let a lesbian apply to adopt violated articles 8 and 14 of the European Convention on Human Rights, which cover protection from discrimination and respect for private and family life.
The court awarded E.B. $14,600 in damages and $21,200 in costs and expenses.
E.B., a nursery-school teacher, has been with her female partner, who is a psychologist, since 1990. E.B.'s application for approval as a possible adoptive parent was rejected by local officials in Jura departement in 1998 and 1999, and the rejection eventually was upheld by France's highest administrative court, the Conseil d'Etat, in 2002. Officials cited, in part, the absence of a "paternal referent" in E.B.'s home.
The Euro court determined that amounted to anti-gay discrimination.
"This is a significant change in the court's approach towards and interpretation of the rights of LGBT people under the European Convention on Human Rights," said Patricia Prendiville, executive director of the European Region of the International Lesbian and Gay Association. "Today the court firmly established a principle that administrative officials cannot discriminate against an individual on the basis of her/his sexual orientation in the process of applying to adopt a child."
Rulings by the European Court of Human Rights apply in the 47 countries that are members of the Council of Europe: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, "The former Yugoslav Republic of Macedonia," Turkey, Ukraine, and the United Kingdom.
A member state's refusal to implement a European Court of Human Rights decision could result in expulsion from the Council of Europe.
Assistance: Bill Kelley
Filed from San Diego
