Salguiero Da Silva Mouta v. Portugal, No. 33290/96, ECtHR (Fourth Section), 21 March 2000

Denial of custody of the minor based on the sexual orientation of the parent. Discriminatory treatment detrimental to the right to respect for private and family life.

Art. 8 ECHR
Art. 14 ECHR

The choice made by the national authorities to deny custody to a parent because of his sexual orientation creates a violation of the combined provisions of articles 8 and 14 of the ECHR. The sexual orientation of the parent does not represent an objective and reAsonable justification of the difference in treatment between the parents and determines a violation of the private and family life.