Mother whose children were abducted for being gay wins long overdue decision
Poland has been ordered to pay compensation to a woman whose children were abducted for being gay, the main European human rights tribunal ruled.
Judges at the European Court of Human Rights ruled on Thursday (September 16th) that the Polish government had discriminated against the anonymous mother because of her sexual orientation.
The applicant, born in 1970, divorced her husband in 2005. The court heard that there was a custody dispute between the applicant and her husband over their four children.
She had obtained full parental rights over their children, but her ex-husband requested a change in custody rights in October 2006.
However, a Polish court ruled in the man’s favor and granted him full parental rights after it was revealed the mother had entered into a relationship with another woman.
According to the European Court of Human Rights document, the Polish court said the mother would not give up her excessive closeness to [her partner] for the sake of his relationship with [the children]”.
The court said the “mother’s parenting behavior was incorrect” because of her “personal issues and emotional involvement in a relationship with another woman.”
The unnamed woman appealed the decision, citing that she had been the primary caregiver for the children. But his appeal was rejected in January 2008.
In June 2009, she applied for custody of her youngest child, but this second appeal was also rejected.
She eventually took her case to the European Court of Human Rights, which ruled in her favor. Judges said the anonymous woman’s homosexual relationship featured heavily in all “proceedings” before the courts.
“The inescapable conclusion is that his sexual orientation and his relationship with another woman have always been at the center of deliberations towards him and ubiquitous at every stage of the legal process,” said the judges of the European Court of Human Rights. man.
The court concluded that there was a “difference in treatment between the applicant and any other parent wishing to have full custody” of their children because of her sexual orientation.
The European Court of Human Rights has ordered Poland to pay € 10,000 in damages to the woman.
Poland has been the subject of international criticism for its “LGBT-free zones” which started to appear in 2019, when many regions of Poland declared themselves free from “LGBT ideology”.
Earlier this year, the European Union (EU) declared itself an “LGBTIQ freedom zone” in a symbolic protest against discriminatory policies promoted in Poland.
The EU has also launched legal action against Poland and Hungary for their anti-LGBT + laws. The European Commission, the EU’s executive body, said it would take action against the two countries for “violations of the fundamental rights of LGBTIQ people.”
The commission said Poland will face action after “failing to respond fully and appropriately to its investigation into the nature and impact of so-called” LGBT-free zones “. EU officials said they believed the statements could violate EU law on non-discrimination on the basis of sexual orientation.