Type: Judgment

Authority: National Courts: Merit's Courts (France) - Tribunal Administratif de Besançon

Date: 11/10/2009

Subject: The Administrative Court of Besançon has quashed a decision of the President of the Conseil Général of Jura of 26 January 2009, with which he had denied his consent to the claim for adoption lodged by a homosexual teacher. In 2002 the claimant applied to the European Court of Human Rights, stating that the authority’s denial to her claim for the authorization to adoption was grounded on her sexual orientation. With decision of 22 January 2008 (Case of E.B. vs France) the Court of Strasbourg had sentenced France for violation of article 14 (Non discrimination) of the ECHR, in accordance with article 8 (Right to respect for private and family life).

Parties: Mme B. e M.Fabre Rapporteur e M.Pernot Rapporteur Public

Original language: French

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 21 Non discrimination - Art. 24 Children’s rights

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