Open letter to Ombudswoman for Children
31/03/2008
Submitted by
Sanja Juras
PRESS RELEASE
28th January 2008
Subject: Open letter to Ombudswoman for Children, Ms Mila Jelavic in regards to judgement of the European Court of Human Rights in a case of E.B. v France
We are addressing you in regards to judgement of the European Court of Human Rights in a case of E.B. v France.
Ms. E.B. is a lesbian nursery school teacher who has been living with another woman since 1990. She applied for approval as a possible adoptive parent in February 1998, but her application was rejected, essentially because of her sexual orientation. In June 2002, the highest administrative court in France upheld the rejection of her application.
The Court found that there had been a violation of Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) of the European Convention on Human Rights. 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. This builds on the Court's judgments in Smith & Grady v United Kingdom (1999), that LGBT people must be allowed to serve in the armed forces, and Mouta v Portugal (1999), that the sexual orientation of a parent is irrelevant when determining who should have custody of a child.
The Court has established the principle that each individual should be treated equally on the basis of their individual merits as a potential parent when applying to adopt a child. The sexual orientation of the applicant is irrelevant and cannot be used to exclude them from the possibility of adopting a child. It is in the best interest of children in Europe and outside Europe that no potential adoptive parent be excluded from consideration for an irrelevant and discriminatory reason.
We remind you that after you were appointed for the Office you gave a statement for daily newspapers „Novi list“ : „In regards to adoption of a child, considering that large number of heterosexual couples is waiting to adopt, I allways give priority to them“. Having in mind that exactly such unequal treatment or „giving priority“ on the basis of sexual orientation is against the European Convention for Human Rights, what was confirmed by the practice of the European Court for Human Rights, we forewarn you not to violate human rights of individuals and regulations of international legislation.
We sincierly hope that the case of Croatia will not end up at the European Court due to discrimination committed by State officials and that tax payers' money will not be spent unneccesarily on expencive judicial proceedings and compensations to injured parties.
With best regards,
Sanja Juras,
Coordinator of Lesbian Group Kontra
Kristijan Grdjan,
Coordinator of Iskorak- Centre for Sexual and Gender Minorities Rights
Bojana Genov,
Coordinator of Women's Network of Croatia
28th January 2008
Subject: Open letter to Ombudswoman for Children, Ms Mila Jelavic in regards to judgement of the European Court of Human Rights in a case of E.B. v France
We are addressing you in regards to judgement of the European Court of Human Rights in a case of E.B. v France.
Ms. E.B. is a lesbian nursery school teacher who has been living with another woman since 1990. She applied for approval as a possible adoptive parent in February 1998, but her application was rejected, essentially because of her sexual orientation. In June 2002, the highest administrative court in France upheld the rejection of her application.
The Court found that there had been a violation of Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) of the European Convention on Human Rights. 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. This builds on the Court's judgments in Smith & Grady v United Kingdom (1999), that LGBT people must be allowed to serve in the armed forces, and Mouta v Portugal (1999), that the sexual orientation of a parent is irrelevant when determining who should have custody of a child.
The Court has established the principle that each individual should be treated equally on the basis of their individual merits as a potential parent when applying to adopt a child. The sexual orientation of the applicant is irrelevant and cannot be used to exclude them from the possibility of adopting a child. It is in the best interest of children in Europe and outside Europe that no potential adoptive parent be excluded from consideration for an irrelevant and discriminatory reason.
We remind you that after you were appointed for the Office you gave a statement for daily newspapers „Novi list“ : „In regards to adoption of a child, considering that large number of heterosexual couples is waiting to adopt, I allways give priority to them“. Having in mind that exactly such unequal treatment or „giving priority“ on the basis of sexual orientation is against the European Convention for Human Rights, what was confirmed by the practice of the European Court for Human Rights, we forewarn you not to violate human rights of individuals and regulations of international legislation.
We sincierly hope that the case of Croatia will not end up at the European Court due to discrimination committed by State officials and that tax payers' money will not be spent unneccesarily on expencive judicial proceedings and compensations to injured parties.
With best regards,
Sanja Juras,
Coordinator of Lesbian Group Kontra
Kristijan Grdjan,
Coordinator of Iskorak- Centre for Sexual and Gender Minorities Rights
Bojana Genov,
Coordinator of Women's Network of Croatia
