In the Case of X and Others v. Austria

App. No. 19010/07 (2013)

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In the Case of X and Others v. Austria

European Court of Human Rights
App. No. 19010/07 (2013)

Facts

Under Austrian law, second-parent adoption was available to unmarried heterosexual couples but not to same-sex couples. A woman, X (plaintiff) lived in a committed relationship with her female partner (the partner) (plaintiff) and biological child (the child). The partner filed a petition to adopt the child. The court denied the partner’s application because she and X were in a same-sex relationship. The European Convention on Human Rights (the convention), also known as the European Convention for the Protection of Human Rights and Fundamental Freedoms, contained a provision, Article 8, that (1) recognized that everyone had the right to respect for his or her family life and (2) prohibited public authorities from interfering with that right unless the interference was in accordance with the law and necessary in a democratic society. Article 14 of the convention provided that the rights protected by the convention, including Article 8 rights, applied without discrimination on any ground, including sex or other status. X and the partner joined with other same-sex couples (plaintiffs) and filed an application with the European Court of Human Rights, arguing that the Austrian government (defendant) had violated their Article 8 and Article 11 rights because Austrian law did not allow second-parent adoptions within same-sex couples.

Rule of Law

Issue

Holding and Reasoning ()

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