Heteronormativity and the European Court of Human Rights

  title={Heteronormativity and the European Court of Human Rights},
  author={Paul Johnson},
  journal={Law and Critique},
This article examines a recent judgment by the European Court of Human Rights (E.B. v France) that upheld the complaint of a homosexual woman who alleged that her application for authorization to adopt a child had been refused by domestic French authorities on the grounds of her sexual orientation. I argue that the judgment constitutes an innovative and atypical legal consideration of, and challenge to, the heteronormative social relations of contemporary European societies. After exploring the… 
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On 15 March 2012 the European Court of Human Rights (the Court) issued its first judgment addressing the differential treatment of same-sex and opposite-sex couples in respect of the adoption of a
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  • The Construction of Fatherhood
  • 2019


‘An Essentially Private Manifestation of Human Personality’: Constructions of Homosexuality in the European Court of Human Rights
This article explores the continuing evolution of the European Convention on Human Rights in respect of homosexuality. In considering the Court’s case law as a mechanism through which homosexuality
Individual Adoption by Non-Heterosexuals and the Order of Family Life in the European Court of Human Rights
This article analyses two judgments by the ECHR on granting authorization to adopt to non-heterosexual people. E.B. v. France overturned Frette v. France, establishing that refusing to grant adoption
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European nations, while progressive in many areas pertaining to gay and lesbian family law, have been slow to recognize the rights of gay individuals or same-sex couples to adopt children. In January
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Shifting from an essentialist to a constructionist perspective on sexual identities, I move from a consideration of the homosexual legal subject, as presently treated under the European Convention on
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In January 2008, the Grand chamber of the European Court of Human Rights delivered its judgment in the case of E.B. v France. The case revolved around a proposed single-parent homosexual adoption.
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Separate opinions, both concurring and dissenting, have been a feature of judgments of the European Court of Human Rights since its earliest days, but detailed studies of their incidence and impact
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