Discrimination in custody case based on mother's relationship with another woman – Violation of Art. 8 ECHR taken in conjunction with Art. 14 ECHR
EUROPE: DOMESTIC VIOLENCE
European Court of Human Rights, judgment, 16 September 2021, X v. Poland (Application no. 20741/10).
«The case concerned proceedings the applicant brought to contest the removal of her youngest child from her custody after her former husband obtained a change in the custody arrangements ordered in the divorce judgment. She alleged that the courts had acted in his favour because of her relationship with another woman. Relying on Article 14 taken in conjunction with Article 8, the applicant complained that the domestic courts had refused to grant her custody of her child on the grounds of her sexual orientation. The Court found that the applicant’s sexual orientation and relationship with another woman had been consistently at the centre of deliberations and present at every stage of the judicial proceedings. It concluded that there had been a difference in treatment between the applicant and any other parent wishing to have full custody of his or her child. That difference had been based on her sexual orientation and therefore amounted to discrimination.»