The European Court of Human Rights (ECHR) ruled in a decision passed down on Tuesday, July 9, that Russia was in violation of Article 8 of the European Convention on Human Right when the nation’s government chose to terminate the foster care agreement between a trans man and his two foster children, using the man’s transition as the grounds for its termination. Article 8 of the Convention “protects your right to respect for your private life, your family life, your home and your correspondence”. The court ruled that the Article prohibited Russia from lawfully terminating the foster care agreement on the basis of the applicant’s gender identity.
The applicant in question, one Yulia Savinovskikh, gained custody of his two foster care children between 2014 and 2016. By 2017, Russian authorities had contacted Savinovskikh to request that the foster children be willingly surrendered to the state. Savinovskikh refused the authorities request, however, which resulted in the termination of the custody agreement between him and his foster children.
They were subsequently removed from Savinovskikh’s home in 2017. While Russia ceased being a High Contracting Party of the European Convention on Human Rights in September of 2022, Article 58 of the Convention allows for the ECHR to examine, try, and charge the State for any alleged Convention violations that occurred prior to Russia’s departure. Tuesday’s ruling determined that Russia’s termination of the custody and care.
