Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Contents for term
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
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
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
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
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)
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
Dissolution of civil partnership - Necessary prerequisites for entitlement to an allowance
Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da
Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg
Provisional measures - Context of systemic violations of human rights including aggressions, harassment, threats and arbitrary detentions of journalists - Violence and exposure to risk of irreparable damage for women exacerbated by gender stereotypes and prejudices
Store manager's request to a homosexual couple to stop 'amorous scenes' and attempt to remove them forcibly - Use of homophobic stereotypes in domestic rulings including that homosexuality is a pathology and that queer expressions of affection are always erotic – Domestic court’s justification of the ejection of the couple based on 'respect for morality' and 'the best interest of the child' in the light of a purported scientific consensus on the consequences of the exposure of children to homosexual behaviour – Violation of the right to personal liberty, privacy and equality befor
South African intersex female professional athlete excluded from competing in female athletic events due to her naturally elevated testosterone levels following the Court of Arbitration for Sport’s ruling on her infringement of the Worlds Athletics’ Differences of Sex Development Regulations providing for either the suppression of testosterone levels or the exclusion from the category – Violation of the right to non-discrimination in conjunction with the right to respect for private life, and the right to an effective remedy
Dissenting / Concurring: Pavli / Serghides / Grozev, Roosma, Ktistakis
Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties