CEDH · PRESS;HEARINGS;ENG — 2 octobre 2001

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .s48F8B750 { font-size:8pt; display:none } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s23A41E03 { width:36pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     691   2.10.2001   Press release issued by the Registrar   HEARING IN THE CASE OF FRETTE v. FRANCE   Tuesday 2 October 2001 at 2.30 p.m.   The applicant   The case concerns an application brought by a French national, Philippe Fretté, who was born in 1954 and lives in Paris.   Summary of the facts   In a decision of 3 May 1993 the Paris Social Services, Youth and Health Department rejected the applicant’s request for preliminary leave to adopt a child. The applicant lodged an appeal on 21 May 1993, which was dismissed on 15 October 1993. The decision dismissing his appeal indicated that the applicant’s “choice of lifestyle” did not appear to be such as to provide sufficient guarantees that he would offer a child a suitable home from an educational, psychological and family perspective.   In a judgment of 25 January 1995 the Paris Administrative Court set aside the decisions refusing the applicant preliminary leave. It noted that there was no evidence to establish or even suggest “that Mr Fretté’s lifestyle denoted a lack of moral rigour or emotional stability, or a risk that he would abuse the adoption process, or any other conduct indicating that his plan to adopt presented a risk to any child he might adopt”.   Paris Social Services appealed to the Conseil d’Etat , which set aside the Administrative Court’s judgment and, in a ruling on the merits, dismissed the applicant’s request for preliminary leave. It held that the applicant, “having regard to his lifestyle and despite his clear personal qualities and aptitude for bringing up children, did not provide the requisite safeguards – from an educational, psychological and family perspective – for adopting a child”.   Complaints   The applicant complains that the decision dismissing his request for leave to adopt amounts to an arbitrary interference with his private and family life because it is based exlusively on unfavourable prejudice about his sexual orientation. He relies in that connection on Article 8 (right to respect for private and family life) of the European Convention on Human Rights and, in substance, on Article 14 (prohibition of discrimination) combined with Article 8.   The applicant also complains that he was not summoned to the hearing held by the Conseil d’Etat , contrary to Article 6 § 1 (right to a fair trial).       Procedure   The application [Note1] was lodged with the European Commission of Human Rights on 1 April 1997 and referred to the European Court of Human Rights on 1 November 1998. It was declared partly admissible on 12 June 2001.   Composition of the Court   The case [Note2] will be heard by a Chamber of seven judges composed as follows: Willi Fuhrmann (Austrian), President , Jean-Paul Costa (French), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Karel Jungwiert (Czech), Nicolas Bratza (British), Kristaq Traja (Albanian), judges , Loukis Loucaides (Cypriot), Hanne Sophie Greve (Norwegian), Mindia Ugrekhelidze (Georgian), substitute judges , [Note3]   and also Lawrence Early, Deputy Section Registrar .   Representatives of the parties   Government:   Ronny Abraham , Agent ; Laurence Delahaye , Hélène Davo , Anne Oui , Advisers .   Applicant:   Robert Wintemute , approved representative ; Thomas Formond ,   Stéphane Garneri , Advisers .   Philippe Fretté will also attend the hearing.   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [Note1]   For transitional-period cases. [Note2]   For applications after 1 November 1998. [Note3]   Titles to be added in appropriate place. Line returns – and not paragraph returns – should be used (Shift+Enter).