Zaunegger v. Germany, ECtHR, 22028/04, 03/12/2009
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2009

Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody

Dissenting / Concurring: Bertram Schmitt

E.B. v. France, ECtHR, 43546/02, 22/1/2008 [GC]
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2008

Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orien

Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens

Moretti and Benedetti v. Italy, ECtHR, 16318/07, 27/04/2010
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2008

Failure to examine request for adoption by foster parents before declaring child free for adoption - Violation of Article 8 (Positive obligations/Respect for family life)

425/2005, CC, 16/11/2005
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2005

Adoption – Adopted person’s access to information concerning his or her origins – Access to the identity of the biological mother having declared at birth she did not wish to disclose her identity 

371/2003, CC, 17/12/2003
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2003

Maternity and childhood, working mothers who adopt - Right to maternity allowance in the case of international adoption - Entitlement during the three months following the entry of the adopted or fostered child, even if he or she is over six years of age - Manifestly unreasonable difference in treatment between employees and self-employed women

Palau-Martinez v. France, ECtHR, 64927/01, 16/12/2003
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2003

Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness -  The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion

Dissenting / Concurring: W. Thomassen

Fretté v. France, ECtHR, 36515/97, 26/02/2002
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2002

Article 8 (Respect for private life) and Article 6 (Fair hearing) - Refusal of application for prior approval as a prospective adopter presented by an unmarried homosexual man, on the ground of his “choice of lifestyle”: no violation - Failure to summon to appear at hearing before Conseil d’Etat an unrepresented plaintiff who had no opportunity of seeing the submissions of commissaire du Gouvernement: violation

Dissenting / Concurring: Costa, Jungwiert, Traja / Bratza, Fuhrmann, Tulkens

Ignaccolo-Zenide v. Romania, ECtHR, 31679/96, 25/01/2000
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2000

Article 8 (Respect for family life) - Adequacy of measures taken by authorities to enforce court decisions ordering return of children to their mother

Dissenting / Concurring: R. Maruste, A. Diculescu-Şova