Custody rights

(Application no. 20741/10), 19 July 2019

Find here the communicated case.

Find Court’s judgement here.

  • Following a divorce, a mother was denied custody of her three children on grounds of her sexual orientation.
  • ILGA-Europe together with FIDH, ICJ, KPH and NELFA submitted the following:
    • The ECtHR expressly stated that the concept of one’s sexual orientation is a prohibited ground of discrimination under Article 14 ECHR and discrimination on this ground  is considered ‘suspect’ and subject to ‘particularly severe scrutiny’. The Court has confirmed that parent-child ties and custody cases fall under Article 8, and applies to LGBTI parents’. In Salgueiro da Silva Mouta v. Portugal, the ECtHR considered that the refusal to grand custody over the child based on the applicant’s sexual orientation constituted a violation of Article 8 in conjunction with Article 14. The IACtHR reached the same conclusion in Atala Riffo y Ninas v Chile, where custody rights were denied to the mother due to her sexual orientation. A number of national courts in Europe and internationally have considered the custodial rights of gay and lesbian parents, affirming their right to equal access to children without discrimination based on sexual orientation.
    • This case provides the Court with the opportunity to reaffirm its findings made in Salgueiro da Silva Mouta v. Portugal and confirm rights of parents irrespective of their sexual orientation or gender identity and expression to equal access to custody of their children.

See also

News

Trans woman should have been allowed access to hormone therapy in prison, says European Court

The European Court of Human Rights has found that Poland violated Article 8 of the European Convention on Human Rights, protecting the right to private […]
read more
News

Joint Statement welcoming European Court ruling that Russia’s trans parent’s foster-care termination violates family rights

In a judgement published yesterday, the European Court of Human Rights found that Russia violated the right to private and family life of a trans […]
read more
News

Joint Statement: European Court confirms requirement for legal gender recognition in Bulgaria despite rejected complaint

TGEU, ILGA-Europe, Bilitis, and the Bulgarian Helsinki Committee welcome the European Court of Human Rights’ confirmation of Bulgaria’s obligation to provide for reliable legal gender […]
read more
News

Joint statement in support of South African athlete Caster Semenya

ILGA-Europe, The International Commission of Jurists and the organisation Intersex International Europe jointly file a third-party intervention before the Grand Chamber of the European Court […]
read more
News

Top European Court Strikes Out Case Against Azerbaijan for LGBTI Arrest and Torture

Last week, the European Court of Human Rights decided to strike out A. v Azerbaijan and 23 other applications. The case involved a wave of […]
read more
Report

Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU

In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members […]
read more
Report

Our submission to the EC 2024 Rule of Law report

Over the past few years it has become increasingly clear that many government-led violations of LGBTI rights in EU Member States go hand-in-hand with an […]
read more
News

Greece adopts historic bill introducing marriage equality

We welcome and celebrate with local activists the news that the Greek parliament has adopted an historic bill introducing marriage equality, granting marriage and adoption […]
read more
Blog

Attacks on LGBTI rights in Italy are human rights violations, Commissioner reports

Since the new Italian government came into power in 2022, it has been toying with the rights of LGBTI people. Draft legislation that would do […]
read more
News

Poland must ensure that same-sex couples are legally recognised, European Court rules

The European Court of Human Rights has issued a judgement against Poland in a case taken by five same-sex couples in the country, seeking to […]
read more
News

JOINT STATEMENT ON HUMAN RIGHTS VIOLATIONS IN ITALY

Today, November 20, we celebrate UN World Children’s Day, and feel compelled to draw attention to the recent developments in Italy where some children no […]
read more
News

Significant European Court judgments in two cases concerning violence against LGBTI people involving state agents

Two successful European Court cases brought against Russia underline state obligations to protect LGBTI community from violent counter demonstrators and general hate motivated violence.
read more
News

Statement: Kyrgyzstan targets LGBTI communities in a new law

ILGA-Europe expresses solidarity and stands with LGBTI organisations and communities in Kyrgyzstan as the country’s President signed into law a discriminatory provision banning dissemination of information about LGBTI people, rights, and identities among minors.
read more
News

Romania failed to protect same-sex couples, European court rules

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.
read more
News

Bringing change in turbulent times: A call for applications for LGBTI groups in Poland

What is this programme about and why are we launching it? ILGA-Europe invites applications from LGBTI organisations and groups in Poland that see a concrete […]
read more
Blog

For good and bad: The trending impacts on LGBTI human rights in Europe and Central Asia

The most striking finding of ILGA-Europe’s Annual Review 2023 is a stark rise in the ferocity of anti-LGBTI hate and violence reported in Europe and Central Asia. But alongside this worrying trend, there are positive developments in areas such as legal gender recognition, public support, intersex human rights and civil society. Here are the key highlights.
read more
News

Bulgaria’s Supreme Court Rejects Baby Sara’s Bulgarian Citizenship

Arguing that Baby Sara is not a Bulgarian citizen, the country’s Supreme Administrative Court (SAC) said that their decision not to grant a birth certificate […]
read more
Report

Our submission to the EC 2023 Rule of Law report

The submission covers developments in eight EU Member States as regards rule of law developments in the countries which have had an impact on the […]
read more
News

European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

Published in 2013 by the Lithuanian University of Educational Sciences and written by the late lesbian writer, Neringa Dangvyde Macate, the book was entitled ‘Amber […]
read more
News

After Polish Case, CJEU Rules to Protect Self-employed Workers based on Sexual Orientation

In December 2017, a self-employed worker and his partner published a music video on YouTube aimed at promoting tolerance towards same-sex couples. Shortly after the […]
read more
Press Release

LGBTI organisations welcome EU parental recognition proposal with the best interests of the child at its core

EU-wide parenthood recognition is key in ensuring equal protection for all children in the Union, say ILGA-Europe and NELFA.
read more
News

Sexual orientation is not a reason to terminate a contract with a self-employed worker, says Advocate General of the CJEU

Today, the Advocate General of the CJEU has issued an opinion in the case of J.K. vs the Polish public broadcaster company TP, stating that discrimination based on sexual orientation in employment is not acceptable under EU law.
read more
Blog

Update: The Rights of Rainbow Families in the EU

The Court of Justice of the EU has ruled in two occasions over recent months that EU countries must protect the freedom of movement of rainbow families. This is a right all EU citizens should enjoy, LGBTI people too. In today’s blog, we bring you the state of LGBTI people’s family rights in different EU countries.
read more
News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
read more
News

Complaint Filed with EC Against Lack of Free Movement for Same-sex Couples in Hungary

ILGA-Europe, alongside a Hungarian activist organisation, have filed a complaint against Hungary because of its refusal to implement the 2018 Coman judgement, which recognises that […]
read more
News

Polish public broadcaster TP in EU Court for Discrimination Against Self-employed LGBTI Person

Today, the case of J.K. vs the Polish public broadcasting company TP, in which the applicant is seeking compensation for the discontinuation of his freelance […]
read more
Blog

Children born intersex are at risk in most European countries. Here’s why

ILGA-Europe’s Rainbow Map of the legal situation for LGBTI people in Europe has a brand-new category: Intersex Bodily Integrity. It’s an essential expansion, because in across Europe and Central Asia, intersex people, and especially children, are still at risk.
read more
News

Bulgarian Court Rules Baby Sara Must Be Issued Birth Certificate

A Bulgarian court has ordered city hall authorities in the capital city of Sofia to issue a birth certificate to the baby born to a […]
read more
Case Law

A.B. and K.V. v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment Submitted jointly […]
read more
News

European Commission and Council should refrain from approving recovery funds to the governments of Poland and Hungary

An Urgent call on the European Commission and the Council of europe to refrain from approving recovery funds to the governments of Poland and Hungary, […]
read more