Honner v France: Damage Prevention and/or Damage Control?

By Alice Margaria (Senior Research Fellow, Department of ‘Law & Anthropology’, Max Planck Institute for Social Anthropology)

In 2020, an application concerning the parental rights of a co-mother was to be expected. What is surprising, however, is the ECtHR’s response. In Honner v France, the Court held that the refusal to grant contact rights to a social mother in respect of her child who had been born to her former female partner using assisted reproductive technologies in Belgium did not violate her right to respect for family life. This judgment evokes different feelings, prima facie conflicting but eventually pointing to a consistent picture of the ECtHR: that of an international court with strong expressive powers, which is expected to be at the same time cautious and leading the development of human rights standards in Europe and beyond. 

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