A European Perspective: the Adoption in the Case-Law of the European Court of Human Rights Cover Image
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O perspectivă europeană: adopția în jurisprudența Curții Europene a Drepturilor Omului
A European Perspective: the Adoption in the Case-Law of the European Court of Human Rights

Author(s): Daniela-Anca Deteșeanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: C.H. Beck Publishing House - Romania
Keywords: family life; adoption; best interest of the child; sexual orientation; non-discrimination;

Summary/Abstract: The case-law of the European Court of Human rights concerning the adoption has gradually developed a general framework regarding not only the applicability of art. 8 of the European Convention of Human Rights (family life) to adoption, but also various aspects related to this institution, such as the international adoption, the effects of adoption, the capacity to adopt, the recognition of the adoption or its termination. One of the most important legal matters examined by the European Court of Human Rights’ case-law in this area concerns the situation of homosexuals wishing to adopt, either individually or as a couple. When considering the cases related to adoption, the Court made the principle of the best interest of the child the central point of its case-law.

  • Issue Year: XX/2021
  • Issue No: 7
  • Page Range: 383-392
  • Page Count: 10
  • Language: Romanian