ECHR condemns Poland for withdrawing custody from a mother because of her sexual orientation

On the 16th of September, the European Court of Human Rights condemned the Polish government for having withdrawn custody from a mother of four children after she started a relationship with a woman. 

This case goes back to 2005 when the applicant was granted full custody following her divorce. However, a year after, her ex-husband asked for a change of custody rights and the court granted him full parental rights. After the appeal was dismissed in 2008 and 2009 by the district court, she decided to bring the case before the European Court of Human Rights which finally ruled in her favor.  The ECHR declared that the district court decision was discriminating against the mother only because she was gay. Indeed, the court stated that the mother’s sexual orientation was at the center of the ruling and therefore determined the district court decision. For violating her right to ‘respect private and family life’ and not to be discriminated against, the ECHR judges condemned the Polish government to pay the mother 10 000 euros in damages. This case arises while the European Union is putting greater pressure on Poland and Hungary for their anti-LGBT+ laws. 

For more information about the violations committed in Poland, a country report will be published in the next weeks on the GHRD website. 
Source: https://www.euronews.com/2021/09/16/poland-discriminated-against-gay-mother-in-custody-battle-says-european-court