CEDH · PRESS;HEARINGS;ENG — 7 juin 2007

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS   388 7.6.2007   Press release issued by the Registrar   CHAMBER HEARING EMONET AND OTHERS v. SWITZERLAND   The European Court of Human Rights is holding a Chamber hearing today 7 June 2007 at 9 a.m., on the admissibility and merits in the case of Emonet and Others v. Switzerland (application no. 39051/03).   The applicants   The case concerns an application brought by Isabelle Chantal Emonet, her mother Mariannick Faucherre and the latter’s partner Roland Emonet, three Swiss nationals who were born in 1971, 1946 and 1948 respectively and live in Geneva.   Summary of the facts   Mariannick Faucherre and her husband, Isabelle Emonet’s father, divorced in 1985. He died in 1994. Since 1986 Mariannick Faucherre has been living with Roland Emonet, who is divorced and has no children. The three applicants lived together between 1986 and 1992.   In March 2000, a serious illness left Isabelle Emonet paraplegic. She kept her own home, but needed to be cared for by her mother and Roland Emonet, whom she regards as her father. By agreement between the three applicants, it was therefore decided that Roland Emonet should adopt Isabelle Emonet so that they could become a real family in the eyes of the law.   In March 2001 the Court of Justice of the Canton of Geneva made the adoption order. However, the cantonal civil status authority informed Mariannick Faucherre that the adoption had the effect of terminating her parental tie with Isabelle Emonet; the latter would take on her adoptive father’s surname, as she was henceforth his daughter.   The first two applicants objected to the termination of the parental tie between them and requested that it be restored. The cantonal authority stood by its decision, referring to Article 267 of the Swiss Civil Code, according to which previously existing parental ties were severed on adoption, except in respect of the spouse of the adoptive parent; Mariannick Faucherre and Roland Emonet, however, were simply cohabiting. In September 2001 the President of the Geneva Department of Justice, Police and Transport formally rejected the request for restoration of the parental tie.   The applicants applied to the administrative courts seeking to have that decision quashed and instituted parallel proceedings to have the adoption order set aside. The administrative court initially allowed the application and ordered the cantonal civil status authority to restore the parental tie. However, on an appeal from the Federal Office of Justice, the Federal Court on 28 May 2003 found that the Swiss Civil Code ruled out the joint adoption of a child by cohabiting partners and the adoption by a cohabitant of his or her partner’s child. Accordingly, the Federal Court requested the cantonal civil status authority to enter the adoption in the civil status register.     Complaints   The applicants allege that the effects of the adoption of Isabelle Emonet by Roland Emonet breach their right to respect for their family life under Article 8 (right to respect for private and family life) of the European Convention on Human Rights. They also complain, relying on Article 12 (right to marriage), of a violation of their right to “found a family”.     Procedure   The application was lodged with the European Court of Human Right on 2 December 2003.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Nina Vajić (Croatian), Anatoli Kovler (Russian), Khanlar Hajiyev (Azerbaijani), Dean Spielmann (Luxemburger), Sverre Erik Jebens (Norwegian), Giorgio Malinverni (Swiss), judges , Elisabeth Steiner (Austrian), Loukis Loucaides (Cypriot), substitute judges , and also Karen Reid , Deputy Section Registrar .   Representatives of the parties   Government :   Frank Schürmann , Agent ,   Ruth Reusser et Dominique Steiger , Advisers ;   Applicants :   Christophe Zellweger , Counsel .   The applicants, Isabelle Chantal Emonet , Mariannick Faucherre and Roland Emonet will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date. [1]   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Beverley Jacobs (telephone: 00 33 (0)3 90 21 54 21) Tracey Turner-Tretz (telephone : 00 33 (0)3 88 41 35 30)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] This summary by the Registry does not bind the Court.