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

14 Pages Posted: 3 Nov 2012  

Paul Johnson

York University

Date Written: November 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.

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: https://ssrn.com/abstract=2170239 or http://dx.doi.org/10.1111/j.1468-2230.2012.00939.x

Paul Johnson (Contact Author)

York University

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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