Introductory Note to X and Others v. Austria
53 International Legal Materials 620 (2014)
43 Pages Posted: 27 Aug 2016 Last revised: 4 Aug 2017
Date Written: 2014
This Introductory Note to X and Others v. Austria, a case decided by the Grand Chamber of the European Court of Human Rights in 2013, was printed along with the text of the decision in International Legal Materials, a publication of the American Society of International Law. In X and Others v. Austria, the European Court of Human Rights held by a majority of ten to seven that Austria violated Article 14 (prohibition on discrimination) taken in conjunction with Article 8 (right to respect for private and family life) of the Convention for the Protection of Human Rights and Fundamental Freedoms when it denied an unmarried same-sex couple the right to a second-parent adoption when second-parent adoptions are available to unmarried opposite-sex couples. This is the first time that the European Court of Human Rights has recognized a right to second-parent adoption by same-sex couples. The Introductory Note seeks to provide context to the case by describing the European Court of Human Rights’ jurisprudence on same-sex adoption, the rationale of the decision, and its significance in international law. The Introductory Note is available at 53 ILM 620 (2014).
Keywords: X and Others v. Austria, Convention for the Protection of Human Rights and Fundamental Freedoms, international law, adoption, same-sex couples, sexual orientation, discrimination
JEL Classification: K33, K36
Suggested Citation: Suggested Citation