Sexual violence criminal offence - Failure to object to sexual intercourse with the spouse, during cohabitation, does not constitute an attenuating circumstance if it is proved that the offended party has suffered such intercourse as a result of the violence and threats repeatedly made against her
Persecutory acts – Family abuse - Absorption of the offence of persecutory acts into the offence of ill-treatment even when cohabitation has ceased depending on the nature of the relationship between the defendant and the injured party
Explantation of oocytes from the ovaries of a sedated and coerced woman - Non-consensual procurement of oocytes by medical personnel constitutes robbery
Ban on surrogacy in Italy - Use of surrogacy in other countries that allow it - Impossibility of prosecuting the criminal offence in Italy
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Discrimination against women - Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women
Refusal of the civil registrar to name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad
Ban on surrogacy – Recognition of the relationship with the intended parent – Referral to Corte Costituzionale that will rule on the recognition of a child born abroad through surrogacy
Arbitrary arrest, rape and verbal abuse of a gay, currently trans, man by police officers during detention because of her sexual orientation – Discriminatory torture on the basis of sexual orientation – Violation of the rights to personal liberty, personal integrity, privacy, judicial guarantees and the judicial protection
Student repeatedly sexually abused by her public school's vice principal - Being pressured by the abuser to have an abortion, she committed suicide - Violation of the right to life, personal integrity, private life, dignity, education, health and to be free from gender violence and discrimination - State's obligation to adopt structural measures to address sexual violence in the school environment, including a policy to provide access to sex and reproductive education
Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general
Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire
Article 14 (+ Article3) (Discrimination and Degrading treatment) - Abusive police conduct during search of premises of an LGBT NGO motivated by homophobic and/or transphobic hatred - Wilful humiliation and debasement with the use of hate speech and insults
Article 3 - Expulsion - Insufficient assessment of risk of and availability of State protection against ill-treatment on grounds of sexual orientation by non-State actors in the Gambia
Article 11 and Article 14 (+11) - Failure to ensure that public LGBTI awareness event proceeded peacefully - Passive police conduct and failure to restrain homophobic verbal attacks and physical pressure by counter-demonstrators
Restriction on applicant’s contact rights based on his mental disorder, without assessing the latter’s impact on his caring skills or child’s safety - Violation of Article 14
Dissenting / Concurring: Stéphanie Mourou-Vikström, Georges Ravarani
The applicants, a married couple and their daughter born in Ukraine via gestational surrogacy, faced a refusal by the French Court of Appeal in 2017 to fully register the Ukrainian birth certificate, listing only the legal father-child relationship - The Court held that the intended mother could establish a legal relationship through adoption, not directly through the foreign birth certificate, in accordance with French law which does not permit gestational surrogacy - The Court found this approach did not violate the child's rights, as the adoption process provided an effective mechanism for establishing the mother-child relationship (no violation of Article 8)
Article 8 (Respect for family life/Respect for private life) - Protracted non-recognition of legal parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s registered partner
Dismissal of an action challenging paternity on the grounds of the interests of the child, who had been recognised by the mother’s husband, without sufficient safeguards for the alleged biological father - Violation of Article 8
Article 10 (Freedom of expression) - Conviction for hate speech after posting offensive comments online about homosexuality
Article 14 in conjunction with Article 1 of Protocol No. 1 - The applicant, a widow, argued that the denial of her right to a survivor’s pension due to her husband’s lack of social security contributions violated her rights - The decision to deny her pension was discriminatory based on her husband's failure to meet contribution requirements