Tafel des Bundesgerichtshofs (Bild: Gerd Eichmann / wikipedia)
In einem Adoptionsverfahren muss dem leiblichen Vater auch dann eine Beteiligung ermöglicht werden, wenn er den Angaben zufolge als Samenspender anonym bleiben möchte. Davon gibt es nach einer Entscheidung des Bundesgerichtshofs (BGH) zwar Ausnahmen. Bloße Erklärungen der Kindesmutter und ihrer Ehefrau, dass der ihnen bekannte private Samenspender mit der Adoption einverstanden sei und keinen Wert auf eine Beteiligung am Adoptionsverfahren lege, reichten jedoch nicht (Az. XII ZB 147/24).
Das Familiengericht, das über die Adoption entscheiden muss, habe einen Samenspender auch dann zu benachrichtigen, wenn entsprechende Textnachrichten vorliegen, deren Authentizität nicht überprüfbar ist. Im konkreten Fall aus Niedersachsen ging es dem Beschluss zufolge um “Lichtbilder einer – nicht fälschungssicheren – WhatsApp-Kommunikation”. Das Amtsgericht Bersenbrück hatte den Adoptionsantrag zurückgewiesen, das Oberlandesgericht Oldenburg Beschwerden dagegen verworfen.
Der BGH bestätigte dies nun. Der zwölfte Zivilsenat in Karlsruhe verwies dabei unter anderem auf das grundrechtlich geschützte Interesse des möglichen leiblichen Vaters, die Rechtsstellung als Vater des Kindes einnehmen zu können. Erst im April dieses Jahres habe das Bundesverfassungsgericht betont, dass leiblichen Vätern ein effektives Verfahren zur Verfügung stehen muss, das ihnen die Erlangung der rechtlichen Vaterschaft ermöglicht.
Die Partnerin der Mutter hatte dem Beschluss zufolge angegeben, der Samenspender habe sich zwar bereit erklärt, das Kind zu treffen und mit diesem Kontakt zu haben, wenn dies das irgendwann wünsche. Er wolle aber derzeit nicht aktiv am Leben des Kindes teilhaben. Die beiden Frauen hätten vermeiden wollen, dass der leibliche Vater später dazu nicht mehr bereit sei, wenn sie seinen Namen gegen den Willen preisgeben. Da ohne diesen Schritt der Mann aber nicht über das Verfahren informiert werden konnte, hat das Oberlandesgericht laut dem BGH zurecht angenommen, dass die Adoption nicht ausgesprochen werden darf. (dpa)
30 September 2024 by Maria Koroleva (for Justice Info)
CJEU: Meta must “minimise” use of personal data (e.g.sexual orientation) for ads
In today’s ruling in C-446/21 (Schrems v. Meta), the Court of Justice of the European Union (CJEU) has fully backed a lawsuit brought against Meta, over its Facebook service. The Court decided on two questions: First, massively limiting the use of personal data for online advertisements. Secondly, limiting the use of publicly available personal data to the originally intended purposes for publication.
See: https://noyb.eu/en/cjeu-meta-must-minimise-use-personal-data-ads
Georgia signs bill protecting family values, minors from LGBT and homosexual influences
Speaker of the Republic of Georgia’s parliament Shalva Papuashvili announced on Thursday that he signed into law a bill aimed at protecting family values and minors from LGBT and homosexual influences, according to local media.
The legislation stated that Georgia recognizes family values of the union of a man and a woman, which are strengthened by the constitutional agreement of the Apostolic Autocephalous Orthodox Church of Georgia and the State of Georgia. While the legislation said that there are foreign legislations that recognize and allow the marriage of same-sex individuals, it stated that these practices ignore the best interests of minors and would be incompatible with the Code of Children’s Rights and several other legal acts aimed at defending children.
The law defined marriage as the union of one genetic man and woman and prohibited medical intervention in sex change operations. It also disallowed official documents from not stating the genetic sex of the identity holder and criminalized gatherings that aimed to promote homosexual marriage.
While the European Commission for Democracy through Law acknowledged that Georgia’s decision to limit marriage to a man and a woman was aligned with Article 12 of the European Convention on Human Rights (ECHR), the commission said that there was no “justification for barring [] transsexuals from enjoying the right to marry under all circumstances.” The commission also noted that bans on sex change surgeries violate Article 8 of the ECHR, which allows for the right to respect for private and family life.
In September, US Secretary of State Antony Blinken announced visa restrictions on 60 Georgians after the Georgian Legislature approved the bill. The 60 Georgians include senior government figures who Blinken said were “responsible for, or complicit in, undermining democracy in Georgia.” Georgia’s Prime Minister Irakli Kobakhidze said that the country may revise its ties with the US if the US imposes more sanctions on Georgian officials.
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Swizerland: Blood donation discrimination against homosexuals will end in 2025
Georgia president refuses to sign anti-LGBTQ+ bill
Georgian President Salome Zourabichvili refused to sign a highly controversial ‘Family Values and the Protection of Minors‘ bill on Wednesday passed by the country’s parliament to significantly curtail the rights of LGBTQ+ individuals.
The bill, which passed with overwhelming parliamentary support, seeks to ban same-sex marriage, prohibit adoption by same-sex couples, restrict gender-affirming care, and limit public expressions of LGBTQ+ identity, including media portrayals and public Pride events. This reflects a broader conservative shift in Georgia’s political climate. Sponsored by the ruling Georgian Dream party, the bill is framed as protecting “traditional family values,” a slogan that has gained popularity among nationalist and pro-Russian factions within the country. The proposed restrictions closely resemble anti-LGBTQ+ legislation in Russia, which has served as a model for conservative lawmakers in Georgia.
The controversial law conflicts with Georgia’s constitution which guarantees equality and non-discrimination under Article 14, and any law that specifically targets a minority group, such as the LGBTQ+ community, could face challenges in court. In addition, Georgia is a signatory to several international human rights treaties, including the European Convention on Human Rights (ECHR). Under Article 14 of the ECHR, discrimination based on sexual orientation is prohibited, creating a legal conflict between the proposed domestic law and Georgia’s international commitments.
Critics of the bill contend that the instrument will contribute to the further marginalization of the LGBTQ+ community, possibly inciting violence against its members, who are already vulnerable in Georgia. Josep Borrell, High Representative of the European Union (EU) for Foreign Affairs and Security Policy, stated on X (formerly Twitter) that the bill will “increase discrimination and stigmatisation.”
If enacted, the bill could also have broader legal implications for Georgia’s aspirations to join the EU, which has made it clear that respect for human rights, including LGBTQ+ rights, is a prerequisite for membership. By passing legislation that contradicts these principles, Georgia risks stalling or even jeopardizing its path toward EU integration.
To oppose the controversial bill, President Zourabichvili, whose role is largely ceremonial, refused signature, opening up a legal debate about the future of LGBTQ+ rights in Georgia. Although Georgia’s constitution allows President Zourabichvili to send the bill back to parliament for reconsideration, it is expected that the legislative body will ultimately override her decision, given its strong majority in favor of the bill.
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Belarus transgender rights organization says authorities detained over 15 LGBTQ+ individuals
Belarus transgender rights organization TG House Belarus said on Friday that more than 15 LGBTQ+ individuals, including eight transgender individuals, were detained by the Belarusian authorities in the past month.
According to TG House Belarus, the individuals were arrested in several Belarusian cities for allegedly subscribing to extremist resources. TG House Belarus stated that most of the eight transgender individuals were charged for hooliganism and two individuals were charged for pornography. The organization also stated that the detainees were subjected to physical and psychological abuse and some were forced to flee the country.
On February 19, Prosecutor General of Belarus Andrei Shved announced that the Belarus government had been preparing a bill that would punish the promotion of what they deemed to be non-traditional relationships. He stated that it was important to not allow the discussion of the topic and that opponents were attempting to destroy traditional family values and, by extension, Belarus as a nation.
Relatedly, on August 5, the Council of the EU announced that existing sanctions would extend to 28 new individuals for participating in “ongoing internal repression and human rights violations in Belarus.” The 28 individuals, who were listed in a regulation on July 16, included Belarusian government officials, operators of correctional institutions, and members of the state-run media.
EU sanctions against Belarus were initially drafted in response to elections in 2020. The sanctions have been expanded and extended due to alleged ongoing human rights violations and violence against peaceful protesters. The EU stated that the purpose of the sanctions was to “put pressure on Belarusian political leadership to prevent further violence and repression.”
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USA: Scientific study says transgender youth suicide attempts rise upon enactment of anti-transgender legislation
A new study published Thursday in scientific journal Nature Human Behavior connects anti-transgender legislation nationwide to “statistically significant” increases in suicide attempts for transgender youths in subsequent years upon enactment.
The study collected survey data between 2018 to 2022 and found that suicide attempts for transgender and non-binary (TGNB) youths increased by seven to 72 percent a year after the enactment of anti-transgender legislation. The study wrote, “For TGNB young people, anti-transgender laws may signal a broader societal rejection of their identities, communicating that their identities and bodies are neither valid nor worthy of protection.”
The study wrote:
Legislators and other involved parties must consider negative impacts of these laws on TGNB people when enacting similar future legislation, while prioritizing legislation that fosters acceptance of TGNB people and equity. With the understanding that anti-transgender laws can directly impact the lives of TGNB people, we argue that increasing access to gender-affirming care, resources and facilities could be lifesaving for TGNB people, especially TGNB minors.
Legislation the study considered to be anti-transgender included laws limiting gender-affirming healthcare, bathroom prohibition laws, and prohibitions on transgender athletes from participating in sports aligning with their gender identities.
Laws restricting transgender rights have exploded in the last several years. 2023 broke the record for the most anti-transgender bills, with 615 bills introduced and 87 passed across the US. In May, South Carolina became “the 25th state to restrict or ban gender-affirming care for minors” upon following other states in passing a bill banning gender-affirming care for transgender minors. A month later, the US Supreme Court announced that it would review the legality of state efforts to ban gender-affirming medical care for minors in the Tennessee case of US vs. Skrmetti.
Previously, on September 9, The US Ninth Circuit Court of Appeals affirmed a lower court’s decision to allow two transgender girls to play sports in an all-girls team despite Arizona legislation barring their participation. In addition, the families of two transgender girls in New Hampshire sued high school and state officials in federal court on August 16, seeking to block HB 1205 from going into effect. HB 1205 is a state bill requiring schools to assess students’ eligibility for sports teams based on their biological sex, rather than their gender identity.
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UN humanitarian team expresses concerns over conflict-related sexual violence rise in Sudan
The UN Humanitarian Country Team (HCT) in Sudan on Thursday expressed concerns over the rise in conflict-related sexual violence in Sudan.
According to the team, reports from Khartoum and Al Jazira showed that an increasing number of girls and women were abducted and subjected to rape, sexual capacity, and forced marriage. The HCT stated that food insecurity and water scarcity contributed to sexual exploitation and that the number of individuals who sought gender-based violence case management services rose by 288 percent in the first seven months of this year. In addition, the team stated that an increasing number of boys and men were subjected to sexual violence.
The HCT said that the use of sexual violence as a war weapon breached human rights and international humanitarian law. The team urged all parties to the conflict to cease violent acts and conform to their legal obligations under international humanitarian law. The team also called on Sudan authorities “to take immediate action to safeguard the lives, dignity, and well-being of women, girls, men and boys, sexual violence survivors, and female humanitarian workers.”
The UN issued a dire warning on September 8 about the worsening crisis in Sudan, emphasizing the devastating impact of ongoing conflict and the inadequate international response. World Health Organization Director-General Tedros Adhanom Ghebreyesus reported that over 20,000 people have died since the conflict began in April 2023.
The conflict, a struggle between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF), has created the world’s largest internal displacement crisis. Over 10 million people have been displaced from their homes in Sudan, including two million who are seeking refuge in neighboring countries. The conflict has ravaged Sudan’s infrastructure and health system, leaving 70 to 80 percent of the country’s healthcare facilities non-operational. Over 25 million people—more than half of Sudan’s population—are facing acute food insecurity.
On July 28, Human Rights Watch revealed an extensive report on sexual violence perpetrated by the RSF in Khartoum. The report highlighted that under international law, acts such as rape, forced marriage, or forced pregnancies constitute torture or war crimes and may also be considered crimes against humanity if committed as part of a widespread and systematic attack on a civilian population. The report also noted that international humanitarian law stipulates that access to healthcare and healthcare facilities must be protected in wartime.
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International and Comparative SOGIESC Law - Professor Andreas R Ziegler 
