Bednarek and Others v. Poland, ECtHR, 58207/14, 11/07/2025
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2025

Art 3 (+ Art 14) - Insufficient State response to battery with homophobic overtones committed against the applicants - Domestic legal framework did not include sexual orientation among grounds for the commission of hate crime or discrimination offences - Prima facie indications that two of the applicants suffered violence motivated or influenced by prejudice

Dissenting / Concurring: Serghides / Wojtyczek, Poláčková

H.W. v. France, ECtHR, 13805/21, 23/01/2025
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2025

Fault-based divorce attributed exclusively to the applicant for failure to fulfil 'marital duties' on the grounds that she had ceased to have sexual relations with her husband - Concept of 'marital duties' runs counter to sexual freedom, the right to bodily autonomy and the states' obligation to prevent and combat domestic and sexual violence - Violation of Article 8

L. and Others v. France, ECtHR, 46949/21, 24989/22 and 39759/22, 24/04/2025
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2025

Art 3 and Art 8 (substantive and procedural) Respondent State having failed to effectively apply a criminal system capable of punishing non-consensual sexual acts by minors - Art 14 (+ Art 3 and Art 8) “Secondary victimisation” of one of the minors due to her exposure by the national authorities to guilt-inducing, moralising remarks conveying sexist stereotypes

M.A. v. Iceland, ECtHR, 59813/19, 27/08/2025
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2025

Failure to conduct an effective investigation into applicant’s complaints of domestic violence - Delays and administrative confusion leading to the expiry of limitation periods - Art 14 (+ Art 3 and Art 8) - Alleged gender-based discrimination in handling of domestic violence cases

N.D. v. Switzerland, ECtHR, 56114/18, 03/04/2025
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2025

Art. 2 - Failure of the national authorities to fulfil their positive obligation to protect the applicant's life from violence by her partner - Acts qualified as violence against women - Lack of sufficient coordination between the various services and shortcomings in the applicable domestic law

Dissenting / Concurring: Von Werdt, Mourou-Vikstrom / Felici, Šimackova / Elosegui

N.T. v. Cyprus, ECtHR, 28150/22, 03/07/2025
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2025

Authorities’ failure in their central task of assessing the issue of non-consent - Art 14 (+ Art 3 and Art 8) - Methods used to assess the authenticity of the applicant’s consent deprived her of appropriate protection and exposed her to secondary victimisation

Dissenting / Concurring: Krenc

P. v. Poland, ECtHR, 56310/15, 13/02/2025
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2025

Articles 8 (right to respect for private and family life), 10 (freedom of expression) and 14 (prohibition of discrimination) - Qualified English and Polish gay teacher, author of an illustrated diary on an internet website for adult gay men, asked to stop by the school principal - Removal from his position as a teacher following a decision of the Disciplinary Commission for breaching 'the dignity of the teaching profession' - Violation of Article 10

Dissenting / Concurring: Joint Dissenting Opinion of Judges Wojtyczek, Paczolay and Poláčková

Semenya v. Switzerland, ECtHR, 10934/21, 10/07/2025
COURT: 
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2025

Art 6 § 1 - Appeal to Federal Supreme Court against Court of Arbitration for Sport award rejecting complaint by professional athlete with differences of sex development, concerning non-State regulations requiring her to lower her natural testosterone level in order to compete in women’s category in international competitions

Dissenting / Concurring: Šimáčková / Bošnjak, Zünd, Šimáčková, Derenčinović / Eicke, Kucsko-Stadlmayer

Străisteanu v. the Republic of Moldova, ECtHR, 9989/20, 05/06/2025
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2025

Article 10 - Freedom of expression - Obligation imposed to the applicant, lawyer and activist for LGBTIQ+ rights, to delete on her Facebook profile some videos recording another lawyer yelling homophobic slurs on the eve of the Pride - Domestic administrative courts' failure to examine adequately the claim in the light of the issue of public importance