Les homosexuels et l'adoption devant la Cour européenne des droits de l'homme : une première qui fera date
| Auteur | Legal News |
Dans un arrêt rendu le 22 janvier 2008, la Cour européenne des droits de l'homme a condamné la France pour discrimination pour un refus d'adoption par une personne homosexuelle. Si le droit français reconnaît la possibilité d'adopter pour les personnes célibataires âgées de plus de 28 ans, le silence entourant la question du couple homosexuel s'avère préjudiciable pour les individus homosexuels pour lesquels le silence de la loi engendre des doutes quant à l'impartialité des services administratifs compétents. Ainsi, la position du juge national est liée au manque de clarté du droit, la condamnation qui vient de se produire ouvre le champ d'une réforme législative. Le droit français doit donc sortir du non-dit qui pourrait confiner au déni.
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