UNIVERSITÄT ZU KÖLN

In light of an emerging anti-stereotyping approach in the ECtHR’s jurisprudence, this doctoral project proposes to assess stereotyping of parents from minorities and marginalised groups in the Court’s jurisprudence using an intersectional lens. Under Article 8 of the European Convention on Human Rights (ECHR), family life, and Article 14 ECHR, non-discrimination, the Court regularly decides on parental rights in custody proceedings, adoption proceedings or in relation to care orders made by local authorities. In doing so, the Court contributes to current legal debates and the construction of different notions of “motherhood”, “fatherhood”, “parenthood” in the context of discrimination.

While some gender discrimination aspects of ECHR parental rights jurisprudence have been discussed by scholars, this project analyses the Court’s notion of “motherhood”, “fatherhood” and “parenthood” when it comes to applicants from minority and marginalised groups who do not fulfil the majorities’ norms and expectations. More specifically, it asks: In which manner does the Court approach compounded stereotypes when it comes to parents from minorities and marginalised groups in care and custody proceedings? How can the Court move towards a more inclusive approach to compounded stereotypes under Article 8 and 14 ECHR in care and custody proceedings that consistently and systematically takes stereotypes of minorities and marginalised groups into consideration?

The proposed juxtaposition of case law on parents from different minority backgrounds aims to look at compounded stereotypes related to different grounds of discrimination such as religion, race, national or social origin, gender identity, disability or sexual orientation in combination with gender from an intersectional perspective. This allows to see the “whole human”, namely the real, affected parent behind the stereotypes.