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
A lawfully settled non-Hungarian transgender person’s request for legal gender recognition, which was refused by the authorities due to a gap in the relevant legislation in force at the material time - By not giving the applicant access to the legal gender recognition procedure, a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life
Article 8 (Respect for family life) - Political interventions and procedural vagaries to impede court-ordered return of child unlawfully retained by other parent on respondent State’s territory
Article 4 (Positive obligations/Effective investigation/Trafficking in human beings) - Failure to hold effective investigation into allegation of human trafficking and exploitation of prostitution
Dissenting / Concurring: Turković / O’Leary, Ravarani / Pastor Vilanova / Serghides
Article 3 (procedural and substantive) - Ineffective investigation into arguable allegations of ill-treatment by police officers - Allegations not proved “beyond reasonable doubt”, partly due to investigation shortcomings
Article 8 (Positive obligations/Respect for private life) - Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery - Disruption of the fair balance between the general interest not clearly identified and the interests of the applicants
Drug addict mother on treatment disproportionately deprived of parental authority over her children who were not neglected or in danger, of which the two youngest placed in public care - Violation of Article 8
Equal treatment for men and women in matters of social security — Directive 79/7/EEC, Article 4, Prohibition of any discrimination on the ground of sex, Indirect discrimination — Part-time work, Calculation of retirement pension
Judge Rapporteur: A. Prechal
Social policy, directive 2006/54/EC, equal treatment of men and women, access to employment and working conditions — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate, dismissal of that employee
Judge Rapporteur: A. Prechal
Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid
Judge Rapporteur: M. Safjan
Less favourable treatment of part-time workers compared to full-time workers as regards their conditions of employment – National legislation fixing a maximum duration of fixed-term employment that is longer for part-time workers than for fulltime workers – Equal treatment of men and women in matters of employment and occupation, concept of ‘indirect discrimination’ on grounds of sex
Judge Rapporteur: A. Prechal
Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources