X v. Greece, ECtHR, 38588/21, 12/02/2024
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2024

Article 3 and Article 8 (Positive obligations) - Failure of investigative and judicial authorities to adequately respond to rape allegations and submit the case to the careful scrutiny required - Adequate legal and regulatory domestic framework not applied in practice as investigation ineffective

Lapunov v. Russia, ECtHR, 28834/19, 12/9/2023
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2023

Article 3 (substantive and procedural) and Article 14 (+ Article 3) (Discrimination) - Abduction, detention and torture of applicant by State agents in Chechnya on account of his sexual orientation - Abduction, detention and torture of applicant triggered by homophobic motives which were not investigated

Barbosa de Souza and Others v. Brazil, IACtHR, Series C No. 435, 7/09/2021

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

Bedoya Lima and Others v. Colombia, IACtHR, Series C No. 431, 26/08/2021

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

Maidanik and Others v. Uruguay, IACtHR, Series C No. 444, 15/11/2021

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

Oganezova v. Armenia, ECtHR, 71367/12, 72961/12, 17/05/2022
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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
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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

Women’s Initiatives Supporting Group and Others v. Georgia, ECtHR, 73204/13, 74959/13, 16/12/2021
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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

Aghdgomelashvili and Japaridze v. Georgia, ECtHR, 7224/11, 8/10/2020
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2020

Article 14 (+ Article3) (Discrimination and Degrading treatment) - Abusive police conduct during search of premises of an LGBT NGO motivated by homophobic and/or transphobic hatred - Wilful humiliation and debasement with the use of hate speech and insults

Lopez Martinez v. Spain, ECtHR, 32897/16, 09/03/2021
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2020

Article 14 in conjunction with Article 1 of Protocol No. 1 - The applicant, a widow, argued that the denial of her right to a survivor’s pension due to her husband’s lack of social security contributions violated her rights - The decision to deny her pension was discriminatory based on her husband's failure to meet contribution requirements

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)

Ebru Dinçer v. Turkey, ECtHR, 43347/09, 29/01/2019
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2019

Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - the applicant alleged that she was subjected to excessive use of force by the police during her arrest at a peaceful demonstration - The protection of peaceful demonstrators from disproportionate state actions

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)