Type: Judgment

Authority: National Courts: Supreme Courts (Spain) - Tribunal Constitucional

Date: 12/22/2008

Subject: The Constitutional Court judges on the claim lodged against the decision of first instance which had established a restriction to the visits the claimant could pay to his under-age son. The Court, even recognizing that such decision had been mainly grounded on the interest of protection of the child, recalling the norms of the ECHR, the Charter of Fundamental Rights of the European Union, European Treaties, as well as the jurisprudence of the Court of Strasbourg, has stated again the principle according to which a judicial measure is discriminating when it limits or suspends communication between a parent and under-age children if mainly or exclusively grounded on the parent’s sexual orientation (in the present case the father’s transsexualism).

Parties: Alex P.V.

Original language: Spanish

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

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