Article 14 (Discrimination) - Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute
Sterilisation without permission and the low amount of compensation - Violation of Article 8
Refusal of simple adoption order in favour of homosexual partner of biological mother - No violation of Article 14
Dissenting / Concurring: Mark Villiger / Jean-Paul Costa, Dean Spielmann, Isabelle Berro-Lefèvre
Article 3 (+ Article 14) - Discrimination - Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia
Dissenting / Concurring: Myjer / Gyulumyan, Ziemele
Inability of child abandoned at birth to gain access to non-identifying information or to make request for mother to waive confidentiality - Violation of Article 8
Dissenting / Concurring: András Sajó
Refusal of permission to adopt owing to prohibition of adoption in child’s country of birth - No violation of Article 8
Violation of Article 3 (treatment and investigation) and Article 8 - The case concerned three women of Roma origin who complained in particular that they had been sterilised without their full and informed consent, that the authorities’ ensuing investigation into their sterilisation had not been thorough, fair or effective and that their ethnic origin had played a decisive role in their sterilisation
A Moldovan national alleged that, at the age of fourteen, she was raped by an acquaintance, she complained that the authorities had not investigated her allegations effectively and that the requirement of corroborative evidence of resistance had been discriminatory against her - Violation of Article 3 (investigation)
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) – Excessive use of force by the police during a peaceful demonstration – Obligation to respect fundamental rights by public authorities in the context of public demonstrations
The German courts’ refusal to allow a man to challenge another man’s paternity - No violation
Obstructive behaviour of local authorities in not returning embryos seized pursuant to investigation subsequently acknowledged by domestic court - No violation
Article 14 (Discrimination) - Difference in treatment between male and female military personnel regarding rights to parental leave
Dissenting / Concurring: Pinto de Albuquerque / Kalaydjieva / Nußberger, Fedorova / Popović
The applicants, a married couple, were foster parents to a boy - After the child's biological mother regained custody, they were denied access and visiting rights, and they complained that the Austrian courts, after three and a half years of proceedings, ruled that granting visitation was no longer in the child's best interests - Violation of Article 8
The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8
Violation of Article 8 (Disclosure of information by public hospital about a pregnant minor who was seeking an abortion after being raped; Medical authorities’ failure to provide timely and unhindered access to lawful abortion to a minor who had become pregnant as a result of rape) - Violation of Article 5 (Placement of pregnant minor in juvenile shelter to prevent her from seeking abortion following rape) - Violation of Article 3 (Harassment of minor by anti-abortion activists as a result of authorities’ actions after she had sought an abortion following rape)
Dissenting / Concurring: Vincent A. De Gaetano
The applicant’s complaint that, raped at the age of 13, the authorities took more than 15 years to complete the ensuing investigation and she had no remedies against their reluctance to prosecute her aggressors - A violation of the authorities’ obligation under Article 3 (prohibition of inhuman and degrading treatment)
Lack of diligence by domestic authorities in executing court order granting biological father custody of abducted child - Violation of Article 8
Article 10 (Freedom of expression) - Convictions for circulating homophobic leaflets at school - No violation
Dissenting / Concurring: Spielmann, Nußberger / Zupančič / Yudkivska, Villiger
Article 3 (Degrading treatment/Inhuman treatment) Article 14 (Discrimination) - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners
Dissenting / Concurring: Jočienė
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi