Σάββατο, 2 Αυγούστου 2014

Czech ombudman writes that provision that forbids homosexual couples from adopting is unconstitutional / Brno, July 31 (ČTK)


Czech Ombudsman Anna Šabatová believes the country’s laws should not prevent child adoption by registered homosexual couples, she writes in a fresh report, adding that the impossibility for such couples to adopt children goes counter to the Czech constitution.

In her report for the second quarter of 2014, Šabatová writes many people are still biased and full of false impressions about child adoption by homosexual couples.

"Since I have found no objective or rational reason for preventing the adoption by registered partners ... I consider the relevant provision in the registered partnership law unconstitutional," Šabatová writes in her report designed for lawmakers.

She gives an example of a man from Prague who asked the authorities to be put on the list of applicants for child adoption. 

In his request, he said he lived in a registered partnership. 

Prague authorities rejected his request. 

They said it was inadmissible, as the registered partnership law bans the adoption of children by registered couples.

Šabatová admits that the authorities could not have decided otherwise, because the law does not allow for a different decision, but she called the decision discriminatory.

She says she recommended the man to file an administrative action within which he should seek the abolition of the specific law's provision that prevents child adoption.

Following the ombudsman's recommendation, the man has filed the action with the Prague City Court, the ombudsman's spokeswoman Iva Hrazdílková told the Czech News Agency.

She said the City Court has to turn to the Constitutional Court with the question of whether the ban on child adoption by same-sex couples is unlawful.

Šabatová says the European Court of Human Rights dealt with a similar case of a French plaintiff some time ago. 

It came to the conclusion that the applicant's sexual orientation cannot be viewed as a legitimate reason for restricting his right to adopt a child, Šabatová writes in her report.

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