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

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

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

66/2024, CC, 22/02/2024
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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

Á.C. and Others v. Hungary, ECtHR, 66078/17, 12918/19, 13/02/2024
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2024

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).

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

M.Ș.D. v. Romania, ECtHR, 28935/21, 03/12/2024
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2024

Art 8 (Positive obligations/Private life) - Inadequate criminal legal framework, at the material time, not affording the applicant protection against acts of online harassment committed by her former intimate partner consisting of the non-consensual public dissemination of intimate photographs of her - Failure to conduct prompt and thorough criminal investigation

Side by Side International Film Festival and Others v. Russia, ECtHR, 32678/18, 17172/20, and 30564/21
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2024

Art 10 (Positive obligations/Freedom of expression) - Authorities’ years-long failure to secure safe and uninterrupted conduct of annual international LGBT film festival organised by the applicant company - Failure to take comprehensive action and to implement dissuasive measures concerning repeated telephone bomb threats and other false security alarms on film screening days