European Court of Human Rights Rules That Termination of Trans Parent’s Foster Care Agreement Violates Family Rights in Russian Case

TORONTO — Harini Sivalingam, Director of Equality at the Canadian Civil Liberties Association, made the following statement:

The Canadian Civil Liberties Association welcomes a decision from the European Court of Human Rights upholding and protecting the rights of trans people and their children to a family life. The Court determined that the termination of a parent’s foster care agreement based on a parent’s transgender identity violates the rights to private and family life.

CCLA, as a member of the International Network of Civil Liberties Organizations (INCLO) participated in this court challenge by providing submissions for the courts consideration.

The case concerned a Russian transgender man whose two foster children were removed from his home on account of his gender identity and transition.

While this ruling reinforces the protection of family rights, the European Court of Human Rights missed an opportunity to further entrench the equality rights of trans individuals by failing to consider the non-discrimination claim that is central to this case.

This judgement is a welcome decision and will be an important tool of advocacy to solidify the family rights of trans individuals within the Member States of the Council of Europe.

Read the joint statement prepared by TGEU, ILGA-Europe and the Irish Council for Civil Liberties, on behalf of CCLA and INCLO members here.

Read the ECHR judgement in Savinovskikh v Russia, 2024 ECHR 181 here.