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
Participation of the gestational mother in the trial for the recognition of the foreign order concerning the registration of non-biological parent (the so-called intended parent) in the birth certificate of a child born abroad through surrogacy
Family abuse - Insulting, denigrating and violent behaviour leading to a constant climate of tension and fear within the domestic environment - Failure to object to sexual intercourse with one's spouse for fear of even more detrimental consequences does not constitute a mitigating factor
Sexual violence criminal offence - For the aggravating circumstance referred to in Article 609 ter(1)(2) of the criminal code to be applicable, the use of alcoholic or narcotic substances must depend on a giving carried out or facilitated by the defendant and whose purpose must be the performance of sexual acts
Family abuse - Exclusion of the extenuating circumstance of provocation in the offence of family abuse - Incompatibility of the extenuating circumstance of provocation with an offence including a habitual behaviour
Violation of women’s right to self-determination relating to termination of pregnancy – Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error Requirements to perform therapeutic abortion – Failure to inform of possible foetus’ malformations
Sexual violence criminal offence - Deposition of the offended person in the current procedural system - Subjective credibility and reliability of the narration