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
Contents for term
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
Article 3 (Degrading treatment/Inhuman treatment) Article 14 (Discrimination) - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners
Dissenting / Concurring: Jočienė
Occupational pension scheme in the form of a supplementary retirement pension for former employees of a local authority and their survivors – Method of calculating that pension favouring married recipients over those living in a registered life partnership – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi
The respondent government’s proposal to return a Nigerian woman and her two daughters to Nigeria where she claimed her daughters faced the risk of female genital mutilation - There was no evidence sending the applicants back to Nigeria would amount to a violation of Article 3
Article 4 (Trafficking in human beings) - Trafficking of a young Bulgarian girl in Italy not supported by sufficient evidence - Inadmissible
Dissenting / Concurring: Kalaydjieva
Article 8 (Respect for private life) - Absence of any legal requirement for newspapers to give advance notice before publishing details of a person’s private life - No violation
Article 3 - The applicant alleges in particular that he was subjected to inhuman and degrading treatment by other detainees while in detention, and considers that the authorities failed to take the necessary measures to protect him from this -
Dissenting / Concurring: Spielmann, Nußberger
Article 2 (Positive obligations) - Absence of provision in criminal law to sanction involuntary termination of pregnancy - No violation
Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy) - Ill-treatment of a woman by Turkish police officers during detention
Dissenting / Concurring: Sajó
Same-sex future spouses’ request seeking to obtain publication of notice of their intention to marriage - Refusal of the civil registrar since Italian legal system makes no provision for marriage between individuals of the same sex on the grounds that this would be contrary to public order - Refusal to allow persons of homosexual orientation to contract marriage with persons of the same sex
Same-sex couple – Marriage between same-sex people