Armenia, Georgia, Azerbaijan and beyond: No recognition of same-sex marriage/partnership and adoption rights for LGBT persons - Council of Europe report

25 member states (Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Cyprus, Estonia, Georgia, Greece, Italy, Latvia, Lithuania, Malta, Moldova, Monaco, Montenegro, Poland, Romania, the Russian Federation, San Marino, Serbia, Slovakia, “the former Yugoslav Republic of Macedonia”, Turkey and Ukraine) do not legally recognise same-sex couples through marriage, partnership registration or cohabitation rights. Some of these member states (Bulgaria, Latvia, Moldova, Lithuania, Montenegro, Serbia, Ukraine and Romania) have specified that marriage is the prerogative of different-sex couples.

Adoption rights
No access to joint adoption or second-parent adoption is a reality in 35 member states: Albania, Andorra, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Estonia, Georgia, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Poland, Portugal, Romania, the Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey and Ukraine.

Ten member states allow second-parent adoption to same-sex couples (Belgium, Denmark, Finland, Germany, Iceland, the Netherlands, Norway, Spain, Sweden and the United Kingdom). Apart from Finland and Germany these member states also give access to joint adoptions for same-sex couples. In Austria and France there is no access to second-parent adoption but same-sex couples in registered partnerships are allowed some parental authority or responsibilities.

*Read also: Groundbreaking Council of Europe report issues ‘red cards’ to many member states, incl. Armenia, for failing gay rights

Can gay couples adopt children in Armenia?

To put it briefly, legally - yes, in practice - no.

Very interesting discussion during the roundtable on trafficking and adoption in Armenia. In response to the question on possibilities for gay couples to adopt children in Armenia, adoption official Yelena Hayrapetyan clarified that legally there are no obstacles for gay couples to adopt children, as Armenia does not want to contradict European norms on human rights. However, there is an “internal agreement” that gay couples will not be allowed to adopt so that “to preserve national values”

Իմ հարցին, թե ի՞նչ չափանիշներով են առաջնորդվում որդեգրողին նախապատվություն տալու հարցում, տիկին Հայրապետյանն ասաց, որ հաշվի է առնվում ամեն ինչ՝ սկսած նյութական-սոցիալական վիճակից, մինչև փսիխո-հոգեբանականը: Իսկ սեռական փոքրամասնություն կազմող մեր հայրենակիցներն ընդհանրապես կարող են չդիմել որդեգրելու համար. «Չնայած մեր օրենսդրությամբ դա չի մերժվում, քանի որ եվրաինտեգրման գործընթացը պահանջում է մարդու իրավունքները ՀՀ-ում համապատասխանեցնել միջազգային նորմերին, սակայն կա ներքին պայմանավորվածություն, ըստ որի՝ նույնասեռական քաղաքացու որդեգրման խնդրանքը մերժում են, ելնելով ազգային արժեքների պահպանումից»:

Փաստորեն, եվրոպաների առջև քաղաքակիրթ ենք խաղում, իսկ մարդիկ, ովքեր կցանկանային ծնողներ լինել, մերժվում են միայն սեռական կողմնորոշման պատճառով:

Ազգային անվտանգության մակարդակի հասցված, պետական մակարդակով «ներքին պայմանվորվածությամբ» անհադուրժողականությունը պատիվ չի բերում երկրին։

This is not surprising and a clear reflection of the widespread tactics employed by officials in Armenia: in papers, Armenia follows all human rights and anti-discrimination directives. But the reality is far from what papers may suggest.

However, I am glad that this question was raised and discussed, perhaps for the first time in Armenia on such a level.

There is one number presented during the roundtable that surprised me a lot. As per official’s data, there are only 70 orphans in Armenia who are eligible for the adoption. So few?

Այսօր մենք ունենք շուրջ 200 ՀՀ քաղաքացի, ովքեր ուզում են երեխա որդեգրել: Իսկ որդեգրման՝ առանց ծնողական խնամքի մնացած երեխաները 70-ն են, որոնցից միայն 15-ն են առողջ, նրանց մեծ մասը 10 տարեկանից մեծ են, որը ևս դժվարացնում է նրանց տեղավորման ամենանախապատվելի ձևը՝ որդեգրումը հայրենիքում: Հիվանդ երեխաներին հաճույքով որդեգրում են արտերկրացիները (որոնց մեծ մասը նույնպես ազգությամբ հայ են), եթե նրանց երկրներում կա այդ երեխաներին բուժելու հնարավորություն:

Obama's gay rights agenda

The (new) White House website, President Barack Obama

Civil Rights agenda

Support for the LGBT Community

"While we have come a long way since the Stonewall riots in 1969, we still have a lot of work to do. Too often, the issue of LGBT rights is exploited by those seeking to divide us. But at its core, this issue is about who we are as Americans. It's about whether this nation is going to live up to its founding promise of equality by treating all its citizens with dignity and respect."

-- Barack Obama, June 1, 2007

* Expand Hate Crimes Statutes: In 2004, crimes against LGBT Americans constituted the third-highest category of hate crime reported and made up more than 15 percent of such crimes. President Obama cosponsored legislation that would expand federal jurisdiction to include violent hate crimes perpetrated because of race, color, religion, national origin, sexual orientation, gender identity, or physical disability. As a state senator, President Obama passed tough legislation that made hate crimes and conspiracy to commit them against the law.

* Fight Workplace Discrimination: President Obama supports the Employment Non-Discrimination Act, and believes that our anti-discrimination employment laws should be expanded to include sexual orientation and gender identity. While an increasing number of employers have extended benefits to their employees' domestic partners, discrimination based on sexual orientation in the workplace occurs with no federal legal remedy. The President also sponsored legislation in the Illinois State Senate that would ban employment discrimination on the basis of sexual orientation.

* Support Full Civil Unions and Federal Rights for LGBT Couples: President Obama supports full civil unions that give same-sex couples legal rights and privileges equal to those of married couples. Obama also believes we need to repeal the Defense of Marriage Act and enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status are extended to same-sex couples in civil unions and other legally-recognized unions. These rights and benefits include the right to assist a loved one in times of emergency, the right to equal health insurance and other employment benefits, and property rights.

* Oppose a Constitutional Ban on Same-Sex Marriage: President Obama voted against the Federal Marriage Amendment in 2006 which would have defined marriage as between a man and a woman and prevented judicial extension of marriage-like rights to same-sex or other unmarried couples.

* Repeal Don't Ask-Don't Tell: President Obama agrees with former Chairman of the Joint Chiefs of Staff John Shalikashvili and other military experts that we need to repeal the "don't ask, don't tell" policy. The key test for military service should be patriotism, a sense of duty, and a willingness to serve. Discrimination should be prohibited. The U.S. government has spent millions of dollars replacing troops kicked out of the military because of their sexual orientation. Additionally, more than 300 language experts have been fired under this policy, including more than 50 who are fluent in Arabic. The President will work with military leaders to repeal the current policy and ensure it helps accomplish our national defense goals.

* Expand Adoption Rights: President Obama believes that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation. He thinks that a child will benefit from a healthy and loving home, whether the parents are gay or not.

* Promote AIDS Prevention: In the first year of his presidency, President Obama will develop and begin to implement a comprehensive national HIV/AIDS strategy that includes all federal agencies. The strategy will be designed to reduce HIV infections, increase access to care and reduce HIV-related health disparities. The President will support common sense approaches including age-appropriate sex education that includes information about contraception, combating infection within our prison population through education and contraception, and distributing contraceptives through our public health system. The President also supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users. President Obama has also been willing to confront the stigma -- too often tied to homophobia -- that continues to surround HIV/AIDS.

* Empower Women to Prevent HIV/AIDS: In the United States, the percentage of women diagnosed with AIDS has quadrupled over the last 20 years. Today, women account for more than one quarter of all new HIV/AIDS diagnoses. President Obama introduced the Microbicide Development Act, which will accelerate the development of products that empower women in the battle against AIDS. Microbicides are a class of products currently under development that women apply topically to prevent transmission of HIV and other infections.

Azeri and Turkish circles ‘furious’ about Dutch court ruling granting adoption of 2 Azeri children to a local lesbian couple

Scandalous headlines are appearing in Azerbaijan and Turkey following the Dutch court ruling to grant adoption of 2 Azeri children to a local lesbian couple. Apparently, Azeri parents, who are residing in Netherlands, were deprived of parental rights after death of one of their children, being accused by Dutch authorities in child abuse, claim disputed by Azeri-Turkish circles.

Azeri-Turkish cultural society in Netherlands voiced its “objection” against that decision citing ‘cultural values’, i.e. that adoption of children by same-sex couple is unacceptable by Turkish or Azeri “culture and traditions” (Day.az and APA). “We can not guarantee that the same will not happen tomorrow to any other Turkish family.” “We respect the decision of the court, but we can not accept it, because this situation is contrary to our culture and traditions.” They threatened civil actions against adoption ruling. They also expressed “gratitude to Turkish Prime Minister Rejep Tayyip Erdoghan for taking stance on this issue”, although it is not clear what exactly Erdogan’s intervention, if any, was.

They perhaps ‘forgot’ in which country they reside in (Netherlands), and that ‘cultural values’ is not a legal category. I can never understand people, regardless of nationality, who are settling in other countries, looking for a “better life”, perfectly aware of more than apparent “cultural differences”, and then demand restriction of prevalent freedoms and human rights in a society where they moved to, instead of contributing to it by adding their own cultural input.

It has to be noted that while one Azeri agency (APA) mentions “Azerbaijani children”, another one (Day.az) reports about “Turkish children”. There are other inconsistencies in these reports too. For example, at the beginning of its report, Day.az cites Dutch court decision to grant adoption rights to a lesbian couple. However, towards the end of the same report, the agency mentions – without providing any clarifications - about July court case which allowed return of children to their biological parents. Moreover, if we trust Day.az, these children are now with their grandfather in Turkey “undergoing a course of treatment”. Pretty confusing reporting, to say the least.

Armenia’s “Human Rights Day”

10 December – Human Rights Day, 60th anniversary of the Universal Declaration of Human Rights

For details - see Unzipped

Newsweek's gay issue: "The Religious Case For Gay Marriage"

Cover story: GAY MARRIAGE
Our Mutual Joy
Opponents of gay marriage often cite Scripture. But what the Bible teaches about love argues for the other side.

Editorial
[...] Briefly put, the Judeo-Christian religious case for supporting gay marriage begins with the recognition that sexual orientation is not a choice—a matter of behavior—but is as intrinsic to a person's makeup as skin color. The analogy with race is apt, for Christians in particular long cited scriptural authority to justify and perpetuate slavery with the same certitude that some now use to point to certain passages in the Bible to condemn homosexuality and to deny the sacrament of marriage to homosexuals. This argument from Scripture is difficult to take seriously—though many, many people do—since the passages in question are part and parcel of texts that, with equal ferocity, forbid particular haircuts. The Devil, as Shakespeare once noted, can cite Scripture for his purpose, and the texts have been ready sources for those seeking to promote anti-Semitism and limit the human rights of women, among other things that few people in the first decade of the 21st century would think reasonable. [...]

Related:

A Gay Marriage Surge
Public support grows, according to the new NEWSWEEK Poll.

When voters in California, Florida and Arizona approved measures banning same-sex marriage last month, opponents lamented that the country appeared to be turning increasingly intolerant toward gay and lesbian rights. But the latest NEWSWEEK Poll finds growing public support for gay marriage and civil unions—and strong backing for the granting of certain rights associated with marriage, to same-sex couples.

Americans continue to find civil unions for gays and lesbians more palatable than full-fledged marriage. Fifty-five percent of respondents favored legally sanctioned unions or partnerships, while only 39 percent supported marriage rights. Both figures are notably higher than in 2004, when 40 percent backed the former and 33 percent approved of the latter. When it comes to according legal rights in specific areas to gays, the public is even more supportive. Seventy-four percent back inheritance rights for gay domestic partners (compared to 60 percent in 2004), 73 percent approve of extending health insurance and other employee benefits to them (compared to 60 percent in 2004), 67 percent favor granting them Social Security benefits (compared to 55 percent in 2004) and 86 percent support hospital visitation rights (a question that wasn't asked four years ago). In other areas, too, respondents appeared increasingly tolerant. Fifty-three percent favor gay adoption rights (8 points more than in 2004), and 66 percent believe gays should be able to serve openly in the military (6 points more than in 2004).

Despite the recently approved state measures, public opinion nationally has shifted against a federal ban on same-sex marriage. In 2004, people were evenly divided on the question, with 47 percent favoring a constitutional amendment prohibiting gay marriage and 45 percent opposing one. In the latest poll, however, 52 percent oppose a ban and only 43 percent favor one. When respondents were asked about state measures, the numbers were closer: 45 percent said they'd vote in favor of an amendment outlawing gay marriage in their states, while 49 percent said they'd oppose such a measure.

A number of factors seem to play a role in swaying people one way or the other. For instance, 62 percent of Americans say religious beliefs play an important role in shaping their views on gay marriage. According to the survey, two-thirds of those who see marriage as primarily a legal matter support gay marriage. On the other hand, two-thirds of those who see it as mostly a religious matter (or equal parts religious and legal) oppose gay marriage. Moreover, the poll found significant differences across generational lines. Essentially, the younger you are, the more likely you are to support same-sex marriage. About half of those aged 18 to 34 back marriage rights, compared to roughly four in 10 among those aged 35 to 64 and only about two in 10 among those 65 and older. The survey also detected a gender gap, with women more likely to support gay marriage than men, 44 percent to 34 percent. Differences by race appear less noteworthy: 40 percent of whites approve of gay marriage, compared to 37 percent of non-whites.

One reason that tolerance for gay marriage and civil unions may be on the rise is that a growing number of Americans say they know someone who's gay. While in 1994, a NEWSWEEK Poll found that only 53 percent of those questioned knew a gay or lesbian person, that figure today is 78 percent. Drilling down a bit more, 38 percent of adults work with someone gay, 33 percent have a gay family member and 66 percent have a gay friend or acquaintance.

Armenia signs European treaty which potentially grants adoption rights to same-sex couples

The European Convention on the Adoption of Children (revised) was prepared within the framework of the Council of Europe.

This is not binding in terms of State’s obligation to extend adoption rights to same-sex couples. However, it sends right signals, and while not necessarily a ‘breaking news’ development, certainly is a step in a right direction.

Glad that Armenian government was among the first to sign up for the treaty. Of course, this does not mean that soon we will witness officially adopted children by same-sex couples in Armenia. In fact, Armenia does not have any specific provisions for same-sex unions, and homophobia in our society is so prevalent that very few gay Armenians come out in public or before their families, relatives and friends. Things are slowly changing, but prevalent mentality is much more difficult to change and will take time, efforts and lots of education.

On the other hand, Armenian constitution does not specifically define marriage as a union between man and woman. Therefore, from Constitution’s point of view, same-sex marriage is not illegal.

This is a field which local gay rights groups can work upon to develop it further.

In any case, signing this treaty by Armenia is encouraging sign, and I commend Armenian government for that.

Not only Armenia is the first country in South Caucasus to do so, but also among the first Europe-wide too. From this point of view, this is pretty significant and welcoming development.

Strasbourg, 27.11.2008 - On the occasion of the special meeting at which Spain succeeded Sweden as the chair of the Committee of Ministers, The European Convention on the Adoption of Children (Revised) was opened for signature.

The European Convention on the Adoption of Children (Revised) (CETS 202) was signed by Armenia, Denmark, Finland, Iceland, Norway and the United Kingdom.

The aim is to take account of social and legal developments while keeping to the European Convention on Human Rights and bearing in mind that the child’s best interests must always take precedence over any other considerations.

From new provisions introduced by the convention:

· It extends [adoption rights] to heterosexual unmarried couples who have entered into a registered partnership in States which recognise that institution. It also leaves States free to extend adoptions to homosexual couples and same sex-couples living together in a stable relationship.

For Council of Europe’s Explanatory Report which accompanies the new revised European Convention on the Adoption of Children, see here