Original scientific paper
Adoptive parents' sexual orientation and the child's best interest
Dijana Jakovac-Lozić
Ines Vetma
Abstract
Respect for human rights begins with the way in which each particular community treats its children. Analysing the complexity of the child's best interest principle, the authors assess to what extent tentative adoptive parents' sexual orientation is (in)compatible with the sense and contents of the said notion.
For this purpose, the paper presents comparative legislative solutions practiced by particular states, and also analyses one of the few cases in which the European Court of Human Rights tried on this issue (Fretté v. France, 2002). The paper also presents a brief critical comment on the matter of approach by particular states, but also by the European Court of Human Rights, to interpretation of the principle of nondiscrimination with regard to sexual orientation (of the adoptive parents), and the relation of this principle to the child's best interest principle (of the adoptees).
Keywords
ability to adopt; homosexual adoptive parents; child's best interest; European Convention for the Protection of Human Rights and Fundamental Freedoms; European Court of Human Rights
Hrčak ID:
5054
URI
Publication date:
20.10.2006.
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