The European Court of Human Rights (ECHR) on Thursday condemned Poland for withdrawing custody of her children from a mother who, after divorcing her husband, had entered into a relationship with another woman.
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The ECHR, the judicial arm of the Council of Europe, had been seized by a Polish woman who was contesting the loss of custody of her four children.
The complainant was initially granted custody after a “
no-fault divorce
” pronounced in 2005. She subsequently had custody of her children withdrawn by a Polish court.
The latter had justified his decision on the basis of an assessment during which the mother was asked if she was homosexual and had had sex with her new partner.
A decision based on an assessment
In another procedure, concerning only the youngest child, the court had refused his placement with his mother, emphasizing "
the more important role of the father in the creation of the male model
" of the child.
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The European judges noted that "
the applicant's sexual orientation and her relationship with another woman were constantly at the center of deliberations and omnipresent at every stage of the legal proceedings
".
A majority of them concluded that there had been “
a difference in treatment between the applicant and any other relative
”, based on the “
sexual orientation
” of the mother.
This discrimination constitutes, according to the Court, a violation of Articles 8 and 14 of the European Convention on Human Rights, which respectively guarantee the right to privacy and the prohibition of discrimination.
Poland was therefore ordered to pay the complainant 10,000 euros for “non-
pecuniary damage
”.
The Polish judge gave him a “
dissenting opinion
”.
Established in Strasbourg (eastern France), the ECHR ensures compliance with the European Convention on Human Rights, signed by 47 states meeting within the Council of Europe.
