Litigation on a national - PowerPoint Presentation

Slide1

Litigation

on a

national

level

–

recognizing

birth

certificate

indicating

two

mothers

in Poland

Anna Mazurczak

Poland

No

marriage

equality

.

No

civil

partnership

.

No joint

adoption

.

No

recognition

of

foreign

same-sex

marriages

or

civil

partnerships

.

2014

-

an obligatory transcription of a foreign birth certificate.

2014, 2015

– Supreme Administrative Court rejects the complaints on refusal to recognize same-sex parents – complaints to the ECHR were filed.

Cases referred to the

discrimination on the grounds of sexual orientation

and violation of the parent’s

right to private and family life.

Podstawy dyskryminacji

Convention on the Rights of the Child

Article 3 

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies,

the best interests of the child shall be a primary consideration.

Convention on the Rights of the Child

Article 2 

1. States Parties shall respect and

ensure the rights set forth in the present Convention to each child

within their jurisdiction

without discrimination

of any kind, irrespective of the child's or his or her parent's or legal guardian's race,

colour

, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

Convention on the Rights of the Child

Article 7 

1.

The child shall be registered immediately after birth

and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. 

2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field,

in particular where the child would otherwise be stateless.

Convention on the Rights of the Child

Article 8 

1. States Parties undertake to respect

the right of the child to preserve his or her identity

, including nationality, name and

family relations

as recognized by law without unlawful interference. 

We

lost

before

the

regional

administrative

court

in Kraków in 2016.

The

court

did

not

consider

the

best

interest

of the

child

and the

consequences

of

refusal

to

transcribe

a

foreign

birth

certificate

.

What

are

the

consequences

?

No ID, no

Polish

passport

= no

document

confirming

Polish

citizenship

=

stalessness

.

No

social

security

numer = no

access

to

healthcare

or

education

.

Illegal

stay

in the

territory

of Poland –

unaccompanied

minor

may

be

placed

in

foster

custody

or

detention

center

.

What

are

the

consequences

?

After

the

age

of 18 – no

access

to the

rights

reserved

for

Polish

citizens

.

No

right

to

vote

.

No

access

to public service.

No

right

to

social

security

.

No

right

to

equal

access

to

healthcare

and

education

.

We won

before

the

Supreme

Administrative

Court in 2018.

Registry

offices

in Poland

cannot

refuse

the

registration

of

foreign

birth

certificates

of

children

based

on the

sexual

orientation

of

their

parents

.

Lessons

learned

Children’s

rights

approach

.

Involvement

of

public

institutions

(Ombudsman).

Every

case

makes

us

a step

closer

to the

full

legal

recognition

of

rainbow

families

–

don’t

stop

.

Despite the fact that there were already complaints submitted to the ECHR, we continued litigation at the national level and we managed to achieve a change before the ECHR judgment was delivered.

Thank

you

for

your

attention

!

mazurczak@knutmazurczak.pl