State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months
Absence of proper institutional oversight over and inadequate regulation of adoption procedures – Decision to separate children from their biological family based on discriminatory justifications regarding their economic situation, gender-based stereotypes about parental responsibilities and their grandmother’s sexual orientation
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Article 14 and Article 8 - Refusal to prosecute authors of serious homophobic comments on Facebook including undisguised calls for violence - Authorities’ failure to investigate effectively whether impugned comments constituted incitement to hatred and violence
Refusal by the domestic courts to grant the request by two women to delegate parental authority over their respective biological child to their partner - Manifestly ill-founded
A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible
Impossibility to contest the paternity of a child born during his marriage to the mother - Violation of Article 8
Erroneous prenatal diagnosis - Violation of Article 8
Dissenting / Concurring: Paul Lemmens
Courts’ refusal to grant contact rights or order legal parents to provide information about child’s personal circumstances to potential biological father - No violation
Refusal to award contact rights to the applicant in respect of the child which had been born to her former partner in Belgium using assisted reproductive techniques while the two women were a couple, despite the fact that the applicant had raised the child during his early years - No violation of Article 8 (right to respect for family life)
The case concerned the couple’s complaint that they had not been able to recover embryos that had been seized by the prosecuting authorities in 2009 and that they had been prevented from having another child - Violation of Article 8 (preventing the applicants from retrieving their embryos as ordered by the High Court of Cassation constituted an interference with their right to respect for their private life)
Legislation preventing health professionals assisting with home births - No violation
Article 8 (Respect for private life) - Refusal by the authorities to authorise a change of forename prior to the completion of gender reassignment surgery
Article 2 (substantive and procedual) - Acid attack on a woman in the street - Court having regard to general situation of violence against women in Albania
Violation of the right to consent to marriage and the right to inheritance by the new Persons and Family Code setting marital age at 18 for boys and 16 or 15 for girls (subject to consent of her father) and for legitimate female offspring half of what males inherit
Equal treatment of men and women in matters of employment and occupation — Competition for entry to the police school of a Member State — Law of that state imposing a minimum physical height requirement on all candidates for admission to that competition
Judge Rapporteur: R. Silva de Lapuerta
Directive 92/85/EEC, Article 4(1), Protection of the safety and health of workers — Breastfeeding worker, risk assessment of her work, challenged by the worker concerned — Directive 2006/54/EC, Article 19, equal treatment, discrimination on grounds of sex
Judge Rapporteur: F. Biltgen