Discrimination in the workplace on grounds of sexual orientation – Inability for religious educational institutions to discriminate against candidate teachers on grounds of their sexual orientation
Sexual violence criminal offence - The offence of sexual assault is committed even if a more invasive act of the victim's sexual sphere had been prearranged
Sexual violence committed even if the violence is not brutal and aggressive – Sexual violence act even exclusively as a functional and limited pretension of the sexual act itself – Kissin is a sexual act
Discrimination on grounds of pregnancy or maternity constitutes a special example of gender-based discrimination - Non-renewal of the fixed-term contract of a pregnant worker - Refusal to appoint a pregnant woman or firing her because of her pregnancy or maternity status constitute a direct discrimination on grounds of sex
Possibility of voluntary termination of pregnancy - Requirements to perform therapeutic abortion - Failure to inform of possible foetus’ malformations
Recognition of the foreign order establishing a child’s adoption by a same-sex couple – Refusal to register it in case of adoption by same-sex couples
Killing of a young African descent woman and impunity of the perpetrator due a broad application of the parliamentary immunity - Gender stereotypes employed by domestic authorities to the detriment of the victim - Violation of the right to equality before the law, to judicial protection, and to be free from discrimination
Verbal, physical and sexual violence committed against a female journalist in the context of a kidnapping by a paramilitary group - Violation of the right to judicial protection, to dignity, to freedom of thought and expression, to personal integrity, to equal protection before the law - Lack of due diligence due to discriminatory attitudes towards the victim in the course of the investigations
Killing of a female huma rights defender in the contest of spread abuses against women - Ineffective investigations without a gender lens - Violation of the right to dignity, to judicial protection and to personal integrity
Extrajudicial killing of two women and forced disappearance of two men - Ineffective investigations - Violation of the right to personal integrity and to judicial protection
Dissenting / Concurring: Sexual violence, discrimination against women, ineffective investigations, disappearance
Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geographical location, level of literacy and economic status - Violation of the right to life following Manuela's death from cancer during imprisonment without adequate medical diagnosis and treatment
Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique
Freedom of association as a general principle of international law with collective and individual connotations, protecting the right to form trade union organisations and the right of each person to determine without coercion whether or not to join the association - The right to collective barganing as an essential part of freedom of association with a gendered impact on labour rights, violence and discrimination in the workplace - Presence of gender roles and stereotypes, both in the public arena and in the private sector, standing as a barrier to the full exercise of women's labour rights
State's failure to conduct effective investigations into the murder of a sex-worker and trans woman because of her gender identity and expression – Ineffective investigation into gender-based violence relying on prejudices against the trans community amounts to a violation of the right to freedom of expression
Dissenting / Concurring: Odio Benito, Pazmiño Freire, Vio Grossi
Trafficking victim of Nigerian origin deprived of any contact with her children, contrary to experts’ recommendations and even before the final decision on their availability for adoption - Violation of Article 8
Article 8 (Family Life) Article 14 (+ Article 8) - Restriction of applicant’s parental rights and deprivation of contact with her children on gender identity grounds and domestic courts’ failure to conduct in-depth examination of entire family situation and of relevant factors - Discrimination on gender identity grounds and lack of convincing and sufficient reasons for difference in treatment vis-a-vis parents whose gender identity matched sex assignment at birth
Dissenting / Concurring: Georges Ravarani, María Elósegui
Article 8 read in light of Article 9 - Shortcomings in decision-making process resulting in severance of mother-child ties, in a context of different cultural and religious backgrounds of mother and adoptive parents
Article 14, Article 8 and Article 11- Discrimination on the basis of sexual orientation - State’s failure to ensure LGBT event proceeded peacefully, without verbal abuse, and carry out an effective investigation into homophobic motives of counter-demonstrators
Dissenting / Concurring: Grozev, Harutyunyan
Athletics South Africa challenging the Swiss Federal Supreme Court's decision upholding World Athletics' regulations on testosterone levels for female athletes with Differences in Sexual Development (DSD) – Article 14 and Article 8 – Association not considered as direct and personal victim for the purposes of Article 34
Article 3 and Article 8 - Authorities breaching procedural positive obligations as to enforcement of sentence for sexual assault after offender’s amnesty granted then revoked
Article 3 (+ Article 14) - Discrimination - Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia