Art 6 § 1 - Appeal to Federal Supreme Court against Court of Arbitration for Sport award rejecting complaint by professional athlete with differences of sex development, concerning non-State regulations requiring her to lower her natural testosterone level in order to compete in women’s category in international competitions
Dissenting / Concurring: Šimáčková / Bošnjak, Zünd, Šimáčková, Derenčinović / Eicke, Kucsko-Stadlmayer
International adoption – Unnecessary interference in a democratic society of the provision preventing single persons from applying for the declaration of suitability to adopt and the judge from issuing a decree of suitability for international adoption – Constitutional illegitimacy of art. 29-bis, par. 1 of law no. 184 of 4/05/1983
Article 6 - Impartiality of a judge in childcare proceedings - Article 8 - Right to visit - Interlocutory decisions rejecting applicant’s request that opposing party’s contact rights be reduced or supervised accompanied by relevant and sufficient reasons
Dissenting / Concurring: Chanturia / Schembri Orland
Alleged failure to adequately protect the applicant and conduct an effective investigation into her complaints of domestic violence and sexual assault - Art 14 (+ Art 3 and Art 8) - Alleged gender-based discrimination in handling of domestic violence cases
Art 3 (+ Art 14) - Insufficient State response to battery with homophobic overtones committed against the applicants - Domestic legal framework did not include sexual orientation among grounds for the commission of hate crime or discrimination offences - Prima facie indications that two of the applicants suffered violence motivated or influenced by prejudice
Dissenting / Concurring: Serghides / Wojtyczek, Poláčková
Fault-based divorce attributed exclusively to the applicant for failure to fulfil 'marital duties' on the grounds that she had ceased to have sexual relations with her husband - Concept of 'marital duties' runs counter to sexual freedom, the right to bodily autonomy and the states' obligation to prevent and combat domestic and sexual violence - Violation of Article 8
Art 8 • Positive obligations • Failure to protect a fourteen-year-old girl from sexual abuse • Domestic legal framework, as applied by the domestic authorities, did not afford effective protection
Art 3 and Art 8 (substantive and procedural) Respondent State having failed to effectively apply a criminal system capable of punishing non-consensual sexual acts by minors - Art 14 (+ Art 3 and Art 8) “Secondary victimisation” of one of the minors due to her exposure by the national authorities to guilt-inducing, moralising remarks conveying sexist stereotypes
Failure to conduct an effective investigation into applicant’s complaints of domestic violence - Delays and administrative confusion leading to the expiry of limitation periods - Art 14 (+ Art 3 and Art 8) - Alleged gender-based discrimination in handling of domestic violence cases
Art 5 (Deprivation of liberty) - Imposition of a security measure of continued detention on the applicant on mental health grounds fell short of guarantees against arbitrariness
Domestic courts’ failure to examine the issue of the applicant’s interim contact with the child of her former partner pending the outcome of the main child contact proceedings - No biological ties but close personal ones amounting to a de facto parent‑child bond - Violation Article 8
Dissenting / Concurring: Derenčinović / Adamska-Gallant
Art. 2 - Failure of the national authorities to fulfil their positive obligation to protect the applicant's life from violence by her partner - Acts qualified as violence against women - Lack of sufficient coordination between the various services and shortcomings in the applicable domestic law
Dissenting / Concurring: Von Werdt, Mourou-Vikstrom / Felici, Šimackova / Elosegui
Art 8 • Family life • Decision to grant final adoption order in respect of a child already subject to a placement order, against the wishes of his mother, who has a history of mental health support needs, formally severing the biological ties and creating legal ties with the adoptive family
Authorities’ failure in their central task of assessing the issue of non-consent - Art 14 (+ Art 3 and Art 8) - Methods used to assess the authenticity of the applicant’s consent deprived her of appropriate protection and exposed her to secondary victimisation
Dissenting / Concurring: Krenc
Articles 8 (right to respect for private and family life), 10 (freedom of expression) and 14 (prohibition of discrimination) - Qualified English and Polish gay teacher, author of an illustrated diary on an internet website for adult gay men, asked to stop by the school principal - Removal from his position as a teacher following a decision of the Disciplinary Commission for breaching 'the dignity of the teaching profession' - Violation of Article 10
Dissenting / Concurring: Joint Dissenting Opinion of Judges Wojtyczek, Paczolay and Poláčková
Articles 3 (prohibition of torture and inhuman or degrading treatment) and 8 (right to respect for private life) - Persecution and harassment of the applicant by her former partner and the ensuing criminal proceedings - Ineffective criminal investigations and non-compliance with procedural safeguards - Violation of Article 3
Absence of valid informed consent for the expansion of the scope of the applicant's breast-conserving surgery - Domestic courts’ failure to consider important dimensions of women’s sexuality and to provide an adequate response to the applicant’s claim concerning the absence of valid informed consent
Article 10 - Freedom of expression - Obligation imposed to the applicant, lawyer and activist for LGBTIQ+ rights, to delete on her Facebook profile some videos recording another lawyer yelling homophobic slurs on the eve of the Pride - Domestic administrative courts' failure to examine adequately the claim in the light of the issue of public importance
Article 3 (lack of effective investigation) and Article 8 (right to respect for private and family life) - Failures in the investigation - Prejudicial gender stereotypes and victim-blaming attitudes
Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Judge Rapporteur: N. Piçarra