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

Vučković v. Croatia, ECtHR, 15798/20, 12/12/2023
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2023

Article 3 and Article 8 (Positive obligations) - Commutation of a ten-month prison sentence imposed on applicant’s co-worker to community service, after he had been convicted of sexual violence against her - Domestic court’s commutation of sentence without careful scrutiny of all relevant considerations

M. v. France, ECtHR, 42821/18, 26/04/2022
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2022

Applicability to “feminising” medical procedures carried out on an intersex person during childhood, without the person’s knowledge or consent - Limitation period invoked in response to a criminal complaint by an intersex person concerning feminising medical procedures carried out during childhood, where other remedies were still available - inadmissible

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

S.M. v. Croatia, ECtHR, 60561/14, 25/06/2020 [GC]
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2020

Article 4 (Positive obligations/Effective investigation/Trafficking in human beings) - Failure to hold effective investigation into allegation of human trafficking and exploitation of prostitution

Dissenting / Concurring: Turković / O’Leary, Ravarani / Pastor Vilanova / Serghides

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)

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)

Lashmankin and Others v. Russia, ECtHR, 57818/09 + other 14, 07/02/2017
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2017

Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) - Arbitrary and discriminatory power of authorities to propose changes in location, time or manner of conduct of a public event - Lack of effective remedy allowing an enforceable judicial decision against authorities’ refusal to approve the location, time or manner of conduct of a public event before its planned date

I.P. v. the Republic of Moldova, ECtHR, 33708/12, 28/04/2015
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2015

The applicant alleged that she had been a victim of a breach of Articles 3 and 8 of the Convention on account of the State’s failure to conduct a proper investigation into her allegation of rape committed against her - The applicant also complained that there had not been any effective remedies available to her as required by Article 13 of the Convention in respect of the above breaches.

Bączkowski and Others v. Poland, ECtHR, 1543/06, 03/05/2007
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2007

Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views