Heterologous medically assisted procreation – Same-sex couple – Inability to register in child’s birth certificate the intended mother’s name together with the biological mother
Judicial correction of the assigned gender – Request for correction of parts relating to sex and name of birth certificate
Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse – Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl – Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the child and judicial protection – Revictimizing attitude materialising in forensic exams conducted improperly with potential secondary harm to the applicant and interviews repeated on multiple occasions during the investigations leading to increased distress
Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health
Dissenting / Concurring: Sierra Porto / Pérez Goldberg
Revocation of the certification to teach Catholicism after having entered a same-sex relationship in violation of Catholic canon law - Violation of the right to equality and non-discrimination, the right to privacy, and the right to work - Court's order to institute a concrete judicial review procedure to allow state officials to carry out a control of the religious authorities’ assessment of suitability of religious teachers serving in public schools
Dissenting / Concurring: Sierra Porto
Decision depriving parents of custody of their children due to inability to properly care for them and children’s wishes to remain in foster care, within State’s margin of appreciation - No violation
Article 8 (Positive obligations/Private life) - Transgender men unable to obtain legal recognition of their gender without having undergone medical procedures to change their sex characteristics, due to imprecision of legal framework - Domestic authorities’ failure to provide quick, transparent and accessible procedures for legal gender recognition
Refusal by domestic courts to legally establish the applicant's paternity with regard to his biological son, born from surrogacy carried out in France, after having been entrusted by the surrogate mother to a third-party couple - Violation of Article 8
Article 8 and Article 14 (+ Article 8) - Private life applicable - Lack of legal recognition of parenthood to intended mother with no biological ties to a child born through a gestational surrogacy arrangement abroad
Dissenting / Concurring: Ivana Jelić/O’Leary
Article 8 (Positive obligations) - Inability to obtain recognition of legal parent-child relationship between child and biological mother’s former female partner
Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life - Evaluation of the alleged mother's inability to fulfil her parental duties based on stereotyped assumptions concerning gender roles and her sexual life
Dissenting / Concurring: sexual expression, discrimination against women, adoption
Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse
Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father, despite no other possibilities of recognition of a legal parent-child relationship - No obstacles to enjoying family life by children born abroad via surrogacy and their genetic father’s wife, who was granted joint custody but not adoption
Article 8 (Private and family life) - Refusal of couple’s request for a self-funded second homologous in vitro fertilisation procedure, on the basis of the wife’s age, not in accordance with a law of sufficient quality
Applicability to “feminising” medical procedures carried out on an intersex person during childhood, without the person’s knowledge or consent - Limitation period invoked in response to a criminal complaint by an intersex person concerning feminising medical procedures carried out during childhood, where other remedies were still available - inadmissible
Disproportionate order by family court de facto preventing couple in stable relationship from living together to safeguard interests of child from mother’s previous marriage - Violation of Article 8
Father of child born out of wedlock unable to exercise parental responsibility without mother’s consent, in spite of parentage established by DNA test - Violation of Article 14
Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts - the Child and Adult Protection Authority (APEA) authorised the transfer abroad of the applicants’ children’s places of residence, deciding that any possible appeal against that measure would be devoid of suspensive effect.
Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts -Violation of Article 6.
Article 3 (substantive and procedural) - Abortion performed at a public hospital in breach of medical standards and against the will of a vulnerable young adult coerced by her parents
Dissenting / Concurring: Peeter Roosma, Mikhail Lobov