Homework to be done before the lecture:

A man (35 years old, Czech nationality, lawyer) is living in registered partnership with another man (33 years old, Czech nationality, secondary school teacher) since 2009.

In, 2011, he 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 his 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 him to adopt any child (Trvající partnerství brání tomu, aby se některý z partnerů stal osvojitelem dítěte. /  The persistence of a partnership prevents any of the partners to adopt a child.).

Czech Court of Appeal also dismissed his motion based on same argumentation emanating from Czech substantive law. Neither did he succeed with his constitutional complaint to Czech Constitutional Court which dismissed the complaint in June 2017.

The man is considering filling an application to ECtHR based on alleged violation of art. 8 of ECHR.

 

Tasks:
1) Read all materials listed below ("Reading") and be prepared to discuss facts and argumentation of parties in all cases.

2) Consider all possible arguments that could be used in favour of the man in the application to ECtHR and be prepared to present them.

3) Consider all possible arguments that could be used by the government opposing the application to ECtHR for finding the application inadmissible or finding no violation of rights protected by the Convention. Be prepared to present your thoughts.

Reading: