CURIA - Documents 12 of 13 https://curia.europa.eu/juris/document/document_print.jsf?mode=lst&p... 4 November 1950. 61 It is apparent from the case-law of the European Court of Human Rights that the existence of ‘family life’ is a question of fact depending upon the real existence in practice of close personal ties, and that the mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life (ECtHR, 12 July 2001, K. and T. v. Finland, CE:ECHR:2001:0712JUD002570294, §§ 150 and 151). In addition, as the Court of Justice has had occasion to find, it follows from that caselaw that the relationship of a homosexual couple may fall within the notion of ‘private life’ and that of ‘family life’ in the same way as the relationship of a heterosexual couple in the same situation (judgment of 5 June 2018, Coman and Others, C‑673/16, EU:C:2018:385, paragraph 50 and the caselaw cited). 62 Accordingly, as the Advocate General noted in point 153 of her Opinion, the relationship between the child concerned and each of the two persons with whom she leads a genuine family life in the host Member State and who are mentioned as being her parents on the birth certificate drawn up by that Member State’s authorities is protected under Article 7 of the Charter. 63 In addition, as has been recalled in paragraph 59 of the present judgment, the right to respect for family life, as stated in Article 7 of the Charter, must be read in conjunction with the obligation to take into consideration the child’s best interests, recognised in Article 24(2) of the Charter. Since Article 24 of the Charter, as the Explanations relating to the Charter of Fundamental Rights note, represents the integration into EU law of the principal rights of the child referred to in the Convention on the rights of the child, which has been ratified by all the Member States, it is necessary, when interpreting that article, to take due account of the provisions of that convention (see, to that effect, judgments of 14 February 2008, Dynamic Medien, C‑244/06, EU:C:2008:85, paragraph 39, and of 11 March 2021, État belge (Return of the parent of a minor), C‑112/20, EU:C:2021:197, paragraph 37). 64 In particular, Article 2 of that convention establishes, for the child, the principle of non-discrimination, which requires that that child is to be guaranteed the rights set forth in that convention, which include in Article 7 the right to be registered immediately after birth, the right to a name and the right to acquire a nationality, without discrimination against the child in that regard, including discrimination on the basis of the sexual orientation of the child’s parents. 65 In those circumstances, it would be contrary to the fundamental rights which are guaranteed to the child under Articles 7 and 24 of the Charter for her to be deprived of the relationship with one of her parents when exercising her right to move and reside freely within the territory of the Member States or for her exercise of that right to be made impossible or excessively difficult in practice on the ground that her parents are of the same sex. 66 Last, the fact that one of the parents of the child concerned is a national of the United Kingdom, which is now no longer a Member State, is irrelevant in that respect. 67 Furthermore, if checks should reveal that S.D.K.A. did not have Bulgarian nationality, it must be noted that, irrespective of their nationality and whether or not they themselves are Union citizens, K.D.K. and S.D.K.A. must be regarded by all Member States as being, respectively, the spouse and the direct descendant within the meaning of Article 2(2)(a) and (c) of Directive 2004/38, and, therefore, as being V.M.A.’s family members (see, to that effect, judgment of 5 June 2018, Coman and Others, C‑673/16, EU:C:2018:385, paragraphs 36 and 51). 68 A child, being a minor, whose status as a Union citizen is not established and whose birth certificate, issued by the competent authorities of a Member State, designates as her parents two persons of the same sex, one of whom is a Union citizen, must be considered, by all Member States, a direct 25/08/2022, 16:46