Abstract

http://ssrn.com/abstract=2170239
 


 



Adoption, Homosexuality and the European Convention on Human Rights: Gas and Dubois V France


Paul Johnson


York University

November 2012

The Modern Law Review, Vol. 75, Issue 6, pp. 1136-1149, 2012

Abstract:     
On 15 March 2012 the European Court of Human Rights (the Court) issued its first judgment addressing the differential treatment of same‐sex and opposite‐sex couples in respect of the adoption of a child. The Court held that excluding same‐sex couples in civil partnerships, who have no legal right to marry, from adoption provisions available to married opposite‐sex couples does not violate rights guaranteed by the European Convention on Human Rights (the Convention). I argue that the Court's reasoning in Gas and Dubois v France is unpersuasive and unsustainable in light of its wider case law.

Number of Pages in PDF File: 14

Accepted Paper Series


Date posted: November 3, 2012  

Suggested Citation

Johnson, Paul, Adoption, Homosexuality and the European Convention on Human Rights: Gas and Dubois V France (November 2012). The Modern Law Review, Vol. 75, Issue 6, pp. 1136-1149, 2012. Available at SSRN: http://ssrn.com/abstract=2170239 or http://dx.doi.org/10.1111/j.1468-2230.2012.00939.x

Contact Information

Paul Johnson (Contact Author)
York University
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
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