Inadmissibility decision in Bonnaud and Lecoq v. France – should the Court have recognized the specificity of a same-sex relationship?

By Pieter Cannoot, PhD researcher at the Human Rights Centre of Ghent University

On 6 February 2018, the European Court of Human Rights declared the application of Francine Bonnaud and Patricia Lecoq, two French women who were in a relationship at the time of the relevant facts, manifestly ill-founded. The application concerned the refusal by the domestic courts to grant the request by both women to delegate parental authority over their respective biological child to their partner. Although the Court prima facie seems to have come to a logical decision, the question arises whether the application was accurately framed to deal with the substantive issue at stake, i.e. the discrimination of same-sex couples regarding parental rights. Continue reading