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A.H. and others v. Russia, Nos 6033/13 and others 15, ECtHR (Chamber), 3 July 2017


The national legislation prohibiting the adoptability of a child on the basis of the applicant's nationality imposes an unjustified discriminatory treatment which is detrimental to the right to respect for private and family life.

Normative references

Art. 8 ECHR
Art. 14 ECHR


A difference in treatment is discriminatory if it does not pursue a legitimate aim or if there is not a reasonable relationship of proportionality between the means employed and the aim sought. Although protecting children’s interests and encouraging adoption at national level are legitimate aims, the national decision prohibiting adoption by people of a specific nationality creates a difference in treatment which is not proportionate to the pursuit of these purposes.