Introductory Note to X and Others v. Austria

53 International Legal Materials 620 (2014)

Dean Rusk International Center Research Paper No. 2016-14

43 Pages Posted: 27 Aug 2016 Last revised: 4 Aug 2017

See all articles by Kathleen Doty

Kathleen Doty

University of Georgia - Dean Rusk International Law Center

Date Written: 2014

Abstract

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

Doty, Kathleen, Introductory Note to X and Others v. Austria (2014). 53 International Legal Materials 620 (2014); Dean Rusk International Center Research Paper No. 2016-14. Available at SSRN: https://ssrn.com/abstract=2826764

Kathleen Doty (Contact Author)

University of Georgia - Dean Rusk International Law Center ( email )

100 Herty Drive
Athens, GA 30602-6018
United States

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