Article 3 (Effective investigation) - Undue delays in criminal proceedings and failure properly to investigate rape and assault allegations
Contents for term
Article 3 (Effective investigation) - Undue delays in criminal proceedings and failure properly to investigate rape and assault allegations
Article 8 (Positive obligations and Respect for private life) Article 14 (Discrimination) - Refusal to prosecute for a joke made during television comedy show about homosexual celebrity referred to as a ‘female’
Ineffective investigations with many deficiencies after the victim’s mother’s report of the disappearance and later killing of her young minor daughter - Violation of the right to life, to personal integrity, to non-discrimination and the duty of due diligence to prevent and investigate violence against women
The applicant was raped by a group of men and the case was delayed for a decade because some of the defendants had emigrated to Austria - Violation of Article 3 (procedure)
Collective agreement which restricts a benefit in respect of pay and working conditions to employees who marry – Exclusion of partners entering into a civil solidarity pact – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Minimum standards relating to the conditions for granting refugee status or subsidiary protection status – Well-founded fear of being persecuted on account of membership of a particular social group – Acts sufficiently serious to justify such a fear, legislation criminalising homosexual acts
Judge Rapporteur: L. Bay Larsen
Rape and torture by police officials of a woman during detention and arrest for purported involvement in terrorist activities – Violation of the right to privacy, dignity, and to humane treatment
Article 8 (Positive obligations/Respect for family life/Respect for private life) - Lack of legal recognition of same-sex partnerships
Dissenting / Concurring: Mahoney, Tsotsoria, Vehabović
Article 14 (Discrimination) - Exclusion of same-sex couples from “civil unions”
Dissenting / Concurring: Casadevall, Ziemele, Jočienė, Sicilianos / Pinto de Albuquerque
Sexual harassment in the workplace - Harassment attributed to the hierarchical superior
Same-sex couple – Marriage between same-sex people
Penitentiary system – Detainees must have conversations under the visual surveillance of custody staff - Alleged impediment to a full emotional relationship between the detainee and the partner, i.e. the spouse or the de facto cohabiting partner
Same-sex couple - Marriage contracted abroad by two same-sex Italian citizens - Impossibility of registering in Italy a marriage contracted abroad between same-sex people
Article 14 (Discrimination) - Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute
Forced disappearance of 26 people registered in a 'military diary' between 1983-1985 in the context of an internal conflict - Ineffective investigations - Violation of the right to judicial protection, to personal integrity, and to freedom of association
A Moldovan national alleged that, at the age of fourteen, she was raped by an acquaintance, she complained that the authorities had not investigated her allegations effectively and that the requirement of corroborative evidence of resistance had been discriminatory against her - Violation of Article 3 (investigation)
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) – Excessive use of force by the police during a peaceful demonstration – Obligation to respect fundamental rights by public authorities in the context of public demonstrations
The applicant’s complaint that, raped at the age of 13, the authorities took more than 15 years to complete the ensuing investigation and she had no remedies against their reluctance to prosecute her aggressors - A violation of the authorities’ obligation under Article 3 (prohibition of inhuman and degrading treatment)
Forced disappearances, murders, inhumane treatment and sexual violence against women in the context of the massacres against members of Río Negro community perpetrated by the Army of Guatemala and members of the Civilian Self-Defense Patrols - Violation of freedom from slavery, freedom of association, movement and residence, conscience and religion, the right to humane treatment, to life, to a fair trial, and to judicial protection
Article 10 (Freedom of expression) - Convictions for circulating homophobic leaflets at school - No violation
Dissenting / Concurring: Spielmann, Nußberger / Zupančič / Yudkivska, Villiger