Conference for LGBT families in Europe
Overview of the work of the Council of
Europe in the field of family law
Sabrina Cajoly - Council of Europe
Directorate General of Human Rights and Legal Affairs/ Directorate of Standard-Setting
www.coe.int
INTRODUCTION
THE COUNCIL OF EUROPE
IN BRIEF
General data
International Organisation
distinct from the EU
47 Member States
Observers = Canada,
Mexico, Holy See,Japan,
USA
Applicant State =
Belarus
Objectives
Protection and promotion of common values
Democracy, Human rights, Rule of law
Awareness and development of Europe's cultural identity
and diversity
Solutions to the challenges facing European society (e.g
discrimination against minorities, xenophobia,
intolerance, bioethics and cloning, terrorism, trafficking in
human beings, organised crime and corruption,
cybercrime, violence against children)
Consolidation of democratic stability in Europe by
backing political, legislative and constitutional reform
Institutions
Committee of
Ministers
(CM)
Congress of
Local and Regional
Authorities
Parliamentary
Assembly
(PACE)
Secretariat
Conference
of INGOs
Commissioner for
Human Rights
European Court
of Human Rights
(ECtHR)
The European Court of Human Rights
ECHR = concrete regional
reflection
of
the
1948
Universal Declaration of
Human
Rights
at
the
European level
Obligatory jurisdiction
Binding decisions (condition for
accession)
Individual petition against alledged
violations
PART 1
General work of the Council of Europe
on discrimination based on sexual
orientation
ECHR
ECtHR case-law: from Dudgeon v UK
(1981) to EB v France (2008)
Protocol n°12: general prohibition of
discrimination
PACE
Adoption of Recommendations:
 Recommendation 924 (1981) on discrimination




against homosexuals
Recommendation 1470 (2000) on situation of gays
and lesbians and their partners in respect to asylum
and immigration in the member states of the Council
of Europe
Recommendation 1635 (2003) Lesbians and gays in
sport
Draft recommendation on the legal recognition of
same-sex couples (in progress)
Draft recommendation on freedom of assembly and
expression of LGBT
Other institutions
Congress of Local and Regional Authorities
- Recommendation 211 (2007) on freedom of
expression
Secretary General
- public declarations
Commissioner for Human Rights
- public declarations and annual report
Other: campaigns, training, publications
Committee of Ministers
Statements
Standards ?
PART 2
CoE’S INTERGOVERNMENTAL
WORK IN FAMILY LAW
Directorate General of Human Rights and
Legal Affairs (DG-HL)
DG-HL
STANDARD-SETTING
COOPERATION
MONITORING
LAW REFORM
CRIMINAL LAW (CDPC)
PUBLIC AND PRIVATE LAW
(CDCJ)
FAMILY LAW (CJ-FA)
HR DEVELOPMENT
VENICE COMMISSION
CJ-FA
Objective: harmonise policies and adopt common standards and
practices in member States in the field of family law.
Priority areas: family law and protection of children (Third
Summit of Heads of State and Government held in Warsaw in May
2005 and the Programme “Building Europe with and for the Children)




Main adopted texts:
1975 European Convention on the Legal Status of Children Born Out
of Wedlock, Recommendation (84)4 on parental responsibilities and
the White Paper on principles concerning the establishment and legal
consequences of parentage
1980 European Convention on Recognition and Enforcement of
Decisions Concerning Custody of Children and a Restoration of
Custody of Children
1996 European Convention on the Exercise of Children’s Rights
(2000)
2003 European Convention on Contact Concerning Children (2005)
Draft European Convention on Adoption
(revised) 1/2
Objective:
 harmonise the law of the member states by setting
minimum rules on adoption
 set core principles: best interest of the child, child’s
consent to an adoption, the right of the adopted
child to know his or her origin
Takes into account:
 the provisions of the United Nations Convention on
the Rights of the Child of 1989
 the European Convention on the exercise of
children’s’ rights (ETS No.160)
 the case-law of the European Court of Human Rights
Draft European Convention on Adoption
(revised) 2/2





Added value:
updates the 1967 Convention on the adoption of
children
takes into account social changes over the last 40
years
deals with national adoption
complements the Hague Convention of 1993 on the
Protection of Children and Co-operation in Respect
of Inter-country Adoption
offers the possibility to the States which wish to do
so to extend the scope of the revised Convention to
adoptions by same-sex couples
Status: adoption expected in the near future
Feasibility study (1/2)
Scope:
 Rights and legal status of children being brought up
in various forms of marital or non-marital
partnership and co-habitation
 Feasibility study on the appropriateness of preparing
a standard on this issue
Methodology:
 independent expert
 proposals concerning the possible follow-up to be
given
Feasibility study (2/2)
European Conference on Family Law 2009
Possible outcomes:
 Types of standards: conventions / recommendations
 Standard-setting process
 Revision of the Convention for children born out of
wedlock?
Monitoring mechanism
Conclusion
Discrimination based on sexual orientation
and LGBT families: becoming a CoE’s
priority?
Possible contributions of NGOs and
activists to the work of the CoE
Thank you for your
attention!
www.coe.int