Y v. Poland, ECtHR, 74131/14, 17/02/2022
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2022

Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption

A.M. and Others v. Russia, ECtHR, 47220/19, 6/7/2021
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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

X. v. Poland, ECtHR, 20741/10, 16/09/2021
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2021

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

D.B. and Others v. Switzerland, ECtHR, 58817/15, 58252/15, 22/11/2022
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2020

Article 8 (Respect for family life/Respect for private life) - Protracted non-recognition of legal parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s registered partner

Rana v. Hungary, ECtHR, 40888/17, 16/07/2020
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2020

A lawfully settled non-Hungarian transgender person’s request for legal gender recognition, which was refused by the authorities due to a gap in the relevant legislation in force at the material time - By not giving the applicant access to the legal gender recognition procedure, a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life 

X and Y v. Romania, ECtHR, 2145/16, 20607/16, 19/01/2021
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2020

Article 8 (Positive obligations/Respect for private life) - Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery - Disruption of the fair balance between the general interest not clearly identified and the interests of the applicants

E.B. v. Romania, ECtHR,49089/10, 19/03/2019
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2019

The applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights - A violation of Article 3 (prohibition of inhuman or degrading treatment) and of Article 8 (right to respect for private and family life)

Charron and Merle-Montet v. France , ECtHR, 22612/15, 16/01/2018
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2018

A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible

Honner v. France, ECtHR, 19511/16, 12/11/2020
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2018

Refusal to award contact rights to the applicant in respect of the child which had been born to her former partner in Belgium using assisted reproductive techniques while the two women were a couple, despite the fact that the applicant had raised the child during his early years - No violation of Article 8 (right to respect for family life)

B.V. v. Belgium, ECtHR, 61030/08, 02/05/2017
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2017

The investigation carried out by the Belgian authorities after the applicant had lodged a criminal complaint alleging rape and indecent assault - A violation of the procedural aspect of Article 3 (prohibition of inhuman and degrading treatment)