The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Sexual acts with a minor - The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Execution of the female founder of a women's organization in a mining community providing support to the families of miners during a strike, as an attempt to intimidate miners into non unionizing – Violation of the right to life, to humane treatment, to personal liberty, and to freedom of association
Dissenting / Concurring: Ventura Robles
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Refusal to grant artificial insemination facilities to enable a serving prisoner to father a child - Violation of Article 8
Dissenting / Concurring: Luzius Wildhaber, Boštjan M. Zupančič, Karel Jungwiert, Alvina Gyulumyan, Egbert Myjer/Nicolas Bratza
Article 8 (Respect for private life) - Requirement of father’s consent for the continued storage and implantation of fertilised eggs
Dissenting / Concurring: Türmen, Tsatsa-Nikolovska, Spielmann, Ziemele
Article 8 (Respect for family life/Respect for private life) Article 41 (Just satisfaction) - Failure to introduce implementing legislation to enable a transsexual to undergo gender-reassignment surgery and change his gender identification in official documents: violation - Just satisfaction in respect of State’s failure to enact implementing legislation
Dissenting / Concurring: Elisabet Fura-Sandström, Dragoljub Popović
Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Refusal to perform a therapeutic abortion despite risks of serious deterioration of the mother’s eyesight - Violation of Article 8 (Respect for private life)
Mother living with her adopted daughter since the date of the foreign adoption order - Refusal to enforce a full adoption order by a foreign court in favour of a single woman - Refusal to recognise as valid in domestic law a full adoption order by a foreign court
Refusal to award a retirement pension at the age of 60 to a transsexual who has undergone male-to-female gender reassignment surgery
Judge Rapporteur: J.N. Cunha Rodrigues
Gang rape – Applicabilty of the extenuating circumstance regarding minor offences referred to in the last paragraph of Article 609-bis of the Italian Criminal Code
Right to sexual orientation and identity - Anti-discrimination on grounds of sexual orientation or gender identity rules - Measures regarding employment and social integration for persons who suffer discrimination on grounds of sexual orientation or gender identity
Legitimate children’s surname – Automatic attribution of the father’s surname even if desired otherwise by the parents - Impossibility for the spouses to agree to attribute mother’s surname to their child
Violent attacks, humiliation, physical and psychological abuse, denial of medical care and isolation of 135 female prison inmates - Violation of the right to personal liberty, to humane treatment, to judicial protection, to a fair trial, and violation of the duty to prevent, investigate and punish violence against women
Dissenting / Concurring: Cançado Trindade / García Ramirez
Extrajudicial killing of four men, including two minors - Violation of the right to life, to humane treatment, to personal liberty, to a fair trial, to judicial protection, and, as regards the two minors, the rights of the child - Court's order to make institutional and social reforms, including designing a public awareness campaign to protect children from violence and creating mechanisms to ensure due process in cases of child executions
Dissenting / Concurring: Cançado Trindade
Article 8 (Respect for family life) - No specific remedy for preventing or punishing child abduction from the territory of the respondent State, resulting in non-enforcement of custody award
Impossibility to challenge in court the legal presumption of paternity - Impossibility of introducing an action for disavowal of paternity - Article 14 taken in conjunction with Articles 6 and 8
Equal pay for men and women – Illness arising prior to maternity leave, pregnancy-related illness, person subject to the general sick-leave scheme – Effect on pay, absence offset against the maximum total number of days of paid sick leave over a specified period)
Judge Rapporteur: C. Gulmann