Homework to be done before the lecture:

Group work:

Imagine that you are legal counsel and your client is a man (35 years old, Czech nationality, lawyer) living in relationship with another man (33 years old, Czech nationality). They are living in registered partnership since 2008.

In, 2010, your client applied for single-parent adoption of a Roma boy (8 years old in that time, Czech national) living in institutional care. Both of boy's parents were  death at that time.

Czech national court denied client's request for care before adoption based on the argumentation that he is living in registered partnership and sec. 13 of Czech Act no. 115/2006 Coll. on Registered Partnership prohibits your client to adopt any child (Trvající partnerství brání tomu, aby se některý z partnerů stal osvojitelem dítěte. /  The persistence of partnership prevents any of the partners to adopt a child.).

Czech court of appeal also dismissed your client's motion based on same argumentation emanating from Czech substantive law. He also did not succed with his constitutional complaint to Czech Constitutional Court which dismissed the complaint in August 2014.

Your client is considering filling an application to ECtHR.

 

Tasks:

1) Study judgements listed below in part "Reading" and be prepared to discuss about case facts and argumentation of all parties.

2) Consider all possible arguments for an application to ECtHR as client's counselors and be prepared to present them.

3) Consider all possible arguments for declaring the application inadmissible or finding no violation of rights protected by the Convention and be prepared to present them.

4) Read texts on ECtHR web pages dedicated to application filling and its admissibility. (below is a link).

Reading:

Caselaw: