Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
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Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts
Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis
Sexual violence and criminal offences against sexual freedom – Gang rape
Sexual violence and sexual acts with a minor – Aggravating circumstance of physical or mental inferiority in the sexual violence criminal offence - Student abused by music teacher
Special adoption request by intended parent rejected in absence of strong relationship with the child
Civil partnership – Automatic dissolution of civil partnership in case of judicial correction of one party’s assigned gender – The judge suspends the effects of the civil partnership until the celebration of the marriage and, in any case, not later than one hundred and eighty days from res judicata of the gender rectification judgment, if the two parties express, personally and jointly, their intention to marry until the required hearing
Transgender individuals complained about the lack of a regulatory framework in Hungary for the legal recognition of their gender identity - Inadmissible - their requests had eventually been granted in 2018, and the waiting period did not constitute an unreasonable delay under Article 8 (right to private life).
Violation of Article 8 and Article 14(+ Article 8) - Disproportionate dismissal of teacher in relation to photos posted on her private social media profile - Difference in treatment based solely on considerations of sexual orientation without particularly convincing and weighty reasons
Violation of Article 3 and Article 8 + Article 14 (Positive obligations, Effective investigation, and Discrimination on the basis of sexual orientation) - Failure to adequately protect the applicant from a homophobic attack by ensuring the effective prosecution of the perpetrator and prosecuting the attack as a hate-motivated offence
Article 8 - General and absolute criminalisation of the purchase of sexual acts as part of a comprehensive legislative framework to combat prostitution and human trafficking
Violation of Article 8 (Private life) - Refusal to allow transgender person to continue hormone therapy in prison - Applicant particularly vulnerable as an imprisoned transgender person undergoing a gender reassignment procedure, thus requiring enhanced protection from the authorities
Dissenting / Concurring: Krzysztof Wojtyczek
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
Violation of Article 3 and Article 8 - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts
Penitentiary system – Possibility to have a conversation with the spouse, i.e. a party of a civil partnership, a de facto cohabiting partner or a person in a stable emotional relationship, without visual surveillance if, in consideration of the detainee’s behavior, there are no security problems or the need to maintain order and discipline, nor, judicial reasons - Disproportionate violation of personal dignity, of the principles protecting family ties and the detainee’s and his family members’ psycho-physical health
Sexual violence criminal offence - The mere lack of consent, not the manifestation of dissent, is required for the commission of the crime of sexual violence
Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)
Harassment in the workplace - Harassment is unwanted conduct on grounds of sex with the purpose or effect of violating the dignity of an employee and creating an intimidating, hostile, degrading, humiliating or offensive environment
Adoption of a child by same-sex couples - Assessment of withdrawal of consent to adoption by the biological parent - Assessment of the child's best interests
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act