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

X v. Greece, ECtHR, 38588/21, 12/02/2024
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2024

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

Yevstifeyev and Others v. Russia, ECtHR, 226/18, 236/18, 2027/18, and 22327/22, 03/12/2024
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2024

Art 14 (+ Art 8) Discrimination on the ground of sexual orientation/Private life - Domestic authorities’ failure to comply with positive obligation to respond adequately to homophobic motivated physical threats and verbal assault by a politician against three of the applicants at a rally

10/2024, CC, 06/12/2023
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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
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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

Fedotova and Others v. Russia, ECtHR, 40792/10, 30538/14, 43439/10, 17/01/2023 [GC]
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2023

Art 8 (Positive obligations/Private and family life) - Absence of any form of legal recognition and protection for same-sex couples _ Confirmation of positive obligation to provide legal framework affording such couples adequate recognition and protection

Dissenting / Concurring: Pavli, Motoc / Wojtyczek / Poláčková / Lobov

Lapunov v. Russia, ECtHR, 28834/19, 12/9/2023
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2023

Article 3 (substantive and procedural) and Article 14 (+ Article 3) (Discrimination) - Abduction, detention and torture of applicant by State agents in Chechnya on account of his sexual orientation - Abduction, detention and torture of applicant triggered by homophobic motives which were not investigated