This is a blog is related to my academic work in the International Academic Forum on SOGIESC Law but meant to serve anyone who wants to contribute to improve the protection of human rights worldwide. It is intended to keep interested readers informed about legal developments relating to sexual orientation, gender expression and identity and sex characteristics (SOGIESC). Hopefully, it will make it easier to find correct legal information about the developments in all regions of the world and, in particular, with regard to international law.
High Court in Croatia paves the way for adoption by same-sex couples
On 26 May, NGO Dugine Obitelji announced that the High Administrative Court of Croatia confirmed that same-sex couples can adopt children, indicating that parents cannot be discriminated against based on their sexual orientation. The Court decision rejects the appeal of the competent Ministry against the judgment of the Administrative Court in Zagreb from April 2021, which should have given a same-sex couple access to the adoption procedure.
Bulgarian Court rules Baby Sara must be issued birth certificate
On 16 May, a Bulgarian court has ordered city hall authorities in the capital city of Sofia to issue a birth certificate to the baby born to a same-sex couple from Bulgaria and Gibraltar, known as ‘Baby Sara’. The court’s decision follows a ruling last December by the Court of Justice of the European Union (CJEU), saying that if one EU member state recognises a parental relationship between a child and its parents, then all member states should, in order to give the child its right to freedom of movement.
The ECtHR sets the basis for the qualification of intersex genital mutilation as torture
On 19 May, the European Court of Human Rights communicated its decision on the case M c. France. While the Court rejected the application on procedural grounds, it paved the way for future positive decisions on the qualification of non-vital medical interventions performed on intersex persons without their personal prior free and fully informed consent as intersex genital mutilation (IGM) and therefore as a form of torture.
The first judgement for discrimination against LGBTI persons in Bosnia and Herzegovina
On 4 April, the Municipal Court in Sarajevo issued a first instance judgement in which discrimination against LGBTI persons was confirmed by a court for the first time in Bosnia and Herzegovina. The judgement refers to a public statement made by a former member of the Sarajevo Canton Assembly, on social media. ”From a legal standpoint, it is critical to develop case law and strengthen legal standards concerning discrimination and hate speech. The Sarajevo Open Centre (SOC) is handling multiple lawsuits before several courts in the country” says Darko Pandurević, Advocacy and Programme Manager at SOC.