Kinderen in Oostenrijk en Zwitserland starten rechtszaken voor gelijke rechten van hun homo-ouders

30 januari 2016 | tags: CRIN

2015-05-28_2231Bron: CRINmail 56

Five children of same-sex parents have initiated legal proceedings challenging Austria’s ban on same-sex marriage, which precludes their parents from getting married. Austria is the only country in the world where same-sex couples can legally adopt but cannot marry. The marriage ban was upheld in 2012 when the Constitutional Court distinguished opposite- and same-sex relationships based on the former’s ability to ‘parent’ children. In early 2015 the same court allowed same-sex adoption. The newly brought cases argue that since same-sex parents now have equal rights in law, it follows that the 2012 decision ought to be revised. The first of five cases was heard in November by the Administrative Court of Vienna.

A four year-old boy is taking Switzerland to the European Court of Human Rights for failing to register his two fathers on his birth certificate. In May last year the Swiss Federal Supreme Court ruled that the surrogate mother who carried the child and the men whose sperm was used must be registered as the child’s parents. Therefore, Swiss law only recognises one of the two men as a legal parent of the child. The application to the Strasbourg court alleges a violation of the rights to family life and non-discrimination in the European Convention on Human Rights.