66/2024, CC, 22/02/2024
 | 
2024

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

Hanovs v. Latvia, ECtHR, 40861/22, 18/07/2024
 | 
2024

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

M. A. and Others v. France, ECtHR, 63664/19, 64450/19, 24387/20, 24391/20, 24393/20, 25/07/2024
 | 
2024

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

W.W. v. Poland, ECtHR, 31842/20, 11/07/2024
 | 
2024

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

10/2024, CC, 06/12/2023
 | 
2023

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 

A. H. and Others v. Germany, ECtHR, 7246/20, 04/04/2023
 | 
2023

Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after gender reassignment - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child

Lenis v. Greece, ECtHR, 47833/20, 27/06/2023
 | 
2023

A former Orthodox Metropolitan of Kalavryta, challenged his conviction for incitement to hatred and discrimination under Greek law - The conviction stemmed from public statements he made, encouraging violence and exclusion against the LGBTQ+ community - The applicant argued that his conviction violated his rights to freedom of expression under Article 10

Members of the Corporation Lawyers Collective 'José Alvear Restrepo' (CAJAR) v. Colombia, IACtHR, Series C No 506, 18/10/2023

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

Members of the Journalism Team of 'La Costeñísima' Radio regarding Nicaragua, IACtHR, Order , 22/3/2023

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 

 

O.H. and G.H. v. Germany, ECtHR, 53568/18, 54941/18, 04/04/2023
 | 
2023

Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after the gender change - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child