The Challenge
In 2011, the NIHRC initiated judicial review proceedings against the Department of Health in respect of the compatibility of the Adoption Order (Northern Ireland) 1987 with the European Convention on Human Rights.
The NIHRC contended that the legislation was in breach of the ECHR in preventing unmarried couples, both same-sex and opposite-sex, and civil partners from applying to adopt a child.
The NIHRC issued these own-motion proceedings under section 71(2B) of the Northern Ireland Act 1998.
Human Rights engaged
Article 8 and 14 ECHR
Outcome
The High Court held that it was a breach of Articles 8 read together with Article 14 ECHR to deny unmarried couples and those in a civil partnership the legal opportunity to apply to adopt a child. The 1987 Order is to be read as not preventing unmarried couples or those in a civil partnership from applying to adopt.
The Court of Appeal upheld the High Court ruling, holding that preventing a person from even being considered to adopt because of his or her relationship status is a discriminatory practice.
Judgments
High Court – Re NIHRC [2012] NIQB 77
Court of Appeal – Re NIHRC [2013] NICA 37
UK Supreme Court – Permission to appeal by the Department of Health to the UKSC was refused.