France: Court set for judgement in PACS couple’s lesbian parent paternity leave complaint

Later this week, human rights judges will deliver their judgement in a complaint against France which focuses on the right of a lesbian parent to obtain paternity leave.

The European Court of Human Rights’ ruling in the case Hallier and Others v. France (no. 46386/10) will be announced on Thursday 18 January.

The applicants, Karine Hallier and Elodie Lucas, are French nationals who were born in 1975 and 1976 respectively and live in Arthon en Retz (France).

In addition, Ms Hallier acts as the legal representative of her son (V.), who was born in 2004 and is also an applicant before the court.

The case concerns the fact that it was impossible for a lesbian woman (Ms Lucas) to obtain paternity leave following the birth of her partner’s child. Ms Hallier and Ms Lucas have lived together as a couple for many years and have entered into a civil partnership (PACS).

Relying on Article 14 (prohibition of discrimination) taken together with Article 8 (right to respect for private and family life), Ms Hallier and Ms Lucas complain about the refusal to grant the request for paternity leave submitted by Ms Lucas after V.’s birth.

They allege that this refusal resulted from discrimination based on their sex and sexual orientation.


Information: Human rights of Europe’s LGBT people

Judgement: Refusal of a request for paternity leave made by a lesbian following the birth of her partner’s child: application declared inadmissible

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