Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021
Court: Inter-American Court of Human Rights
 | 2021

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

OC-27/21, Right to Freedom of Association, Right to Collective Bargaining and Rights to Strike, and their Relation to Other Rights, with a Gender Perspective, IACtHR, 5/05/2021
Court: Inter-American Court of Human Rights
 | 2021

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

Vicky Hernández et al. v. Honduras, IACtHR, Series C No. 422, 26/3/2021
Court: Inter-American Court of Human Rights
 | 2021

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

A.M. and Others v. Russia, ECtHR, 47220/19, 6/7/2021
Court: European Court of Human Rights
 | 2021

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

Abdi Ibrahim v. Norway, ECtHR, 15379/16, 10/12/2021 [GC]
Court: European Court of Human Rights
 | 2021

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

Association ACCEPT and Others v. Romania, ECtHR, 19237/16, 01/06/2021
Court: European Court of Human Rights
 | 2021

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 v. Switzerland, ECtHR, 17670/21, 5/10/2021
Court: European Court of Human Rights
 | 2021

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

J.L. v. Italy, ECtHR, 5671/16, 27/05/2021
Court: European Court of Human Rights
 | 2021

Condemnation of national courts for upholding presumptions and stereotypes of female sexuality - Positive obligations - 'Secondary victimisation' of a survivor of sexual violence due to the blaming, moralising and stereotyped gendered motivations of the domestic decision

Dissenting / Concurring: Wojtyczek

Lee v. the United Kindgom, ECtHR, 18860/19, 7/12/2021
Court: European Court of Human Rights
 | 2021

The applicant complains under Articles 8, 9 and 10, both alone and in conjunction with Article 14 of the Convention, that his rights were interfered with by a public authority (namely, the Supreme Court) by its decision to dismiss his claim for breach of statutory duty; and that the interference was not proportionate - Inadmissible

Oganezova v. Armenia, ECtHR, 71367/12, 72961/12, 17/05/2022
Court: European Court of Human Rights
 | 2021

Article 3 (+ Article 14) (Inhuman or degrading treatment, Positive obligations, and Discrimination on the basis of sexual orientation) - State’s failure to protect LGBT bar owner and activist from homophobic arson, physical and verbal attacks and to carry out effective investigation - Absence of effective domestic criminal-law mechanism for investigating discrimination complaints

Romanov and Others v. Russia, ECtHR, 58358/14, 7146/15, 25887/15, 42395/15, 56617/19, 56637/19, 12/09/2023
Court: European Court of Human Rights
 | 2021

Article 3 (substantive and procedural) read in the light of Article 14 (Positive obligations/Degrading treatment/Discrimination) - Failure to take effective preventive measures aimed at protecting members of LGBTI community from violent verbal and physical hate-motivated attacks by private individuals during demonstrations and to conduct an effective investigation into homophobic motives of counter-demonstrators

S.-H. v. Poland, ECtHR, 56846/15, 56849/15, 16/11/2021
Court: European Court of Human Rights
 | 2021

Inability to obtain Polish nationality by descent by children born through surrogacy in USA to same-sex couple and residing in Israel, where legal parent-child link is recognised - inadmissible

S.N. and M.B.N. v. Switzerland, ECtHR, 12937/20, 23/11/2021
Court: European Court of Human Rights
 | 2021

Article 8 (Family life) - Return of a child to Thailand ordered by the Swiss courts in the context of international child abduction proceedings - Appropriate steps by the competent authorities to guarantee the safety of the child

Valdís Fjölnisdóttir and Others v. Iceland, ECtHR, 71552/17, 18/05/2021
Court: European Court of Human Rights
 | 2021

Article 8 - Non-recognition of parental link with non-biological child born abroad via surrogacy, while preserving bond through foster care: “family life” applicable

Women’s Initiatives Supporting Group and Others v. Georgia, ECtHR, 73204/13, 74959/13, 16/12/2021
Court: European Court of Human Rights
 | 2021

Article 3 and Article 11 (+ Article 14) - State’s failure to take operational preventive measures to protect applicants from homophobic and/or transphobic violence, conduct an effective investigation and ensure LGBT rally proceeded peacefully - Indications of official acquiescence, connivance and active participation in individual acts motivated by prejudice