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
Article 14 (+ Article 8) - Entitlement to parental leave of male police personnel conditional upon lack of maternal care for their children
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
Article 14 (+ Article 1 P1) - Unjustified, direct sex discrimination owing to refusal of employment-related benefit to pregnant woman who underwent in vitro fertilisation shortly before employment
Dissenting / Concurring: Krzysztof Wojtyczek
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
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
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
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
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
Article 8 - Non-recognition of parental link with non-biological child born abroad via surrogacy, while preserving bond through foster care: “family life” applicable
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
Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model
Dissenting / Concurring: Wojtyczek
Violation of the right to free legal assistance due to the state's failure to ensure it to the applicant serving a sentence of thirty years imprisonment for the offence of rape
Prohibition of discrimination based on sexual orientation — Public statements ruling out recruitment of homosexual persons
Judge Rapporteur: I. Jarukaitis
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Medically assisted reproduction – Alleged unequal treatment with respect to the use of heterologous medically assisted fertilisation, and violation of the principles of individual responsibility, social solidarity and protection of the personal identity of the child
Candidates on compulsory maternity leave - Violation of the special protection of mothers and children
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable