Fernández Ortega and Others v. Mexico, IACtHR, Series C No. 215, 30/08/2010

Torture and rape of an indigenous woman by military personnel - State's failure to comply with due diligence to investigate and punish the perpetrators - Ineffective investigations - Violation of the right to personal integrity, dignity, to private life, to judicial protection and to an effective remedy

Dissenting / Concurring: Espinosa

Rantsev v. Cyprus and Russia, ECtHR, 25965/04, 07/01/2010
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2010

Article 4 (Trafficking in human beings) and Article 2 (Effective investigation) - Failure by Cyprus to establish suitable framework to combat trafficking in human beings or to take operational measures to protect victims and failure by Russia to conduct effective investigation into recruitment of a young woman on its territory by traffickers - Failure by Cypriot authorities to conduct effective homicide investigation, in particular, as regards securing relevant evidence abroad under international convention for mutual assistance

Rosendo Cantú and Others v. Mexico, IACtHR, Series C No. 216, 31/08/2010

Rape of an indigenous girl by members of the army - Ineffective investigations - State's failure to prevent, investigate and punish violence against women – Violation of the obligation of non-discrimination in accessing justice

Dissenting / Concurring: Abreu Blondet / Espinosa

Santos Couto v. Portugal, ECtHR, 31874/07, 21/09/2010
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2010

Article 8 (right to respect for private and family life) in conjunction with Article 14 (prohibition of discrimination) - The applicant argued that his conviction for homosexual activities with adolescents had been discriminatory as it had been based on his sexual orientation - No violation 

Schalk and Kopf v. Austria, ECtHR, 30141/04, 24/06/2010
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2010

Article 14 (Discrimination) Article 8 (Respect for family life) Article 12 (Marry) - Inability of same-sex couple to marry - Cohabiting same-sex couple living in a stable relationship constitute “family life” - Inability of same-sex couple to marry

Dissenting / Concurring: Rozakis, Spielmann, Jebens / Malinverni, Kovler

Xákmok Kásek Indigenous Community. v. Paraguay, IACtHR, Series C No. 214, 24/08/2010

State's inability to recover ancestral property belonging to the Xákmok Kásek indigenous community - Lack of access to property and possession threatening the survival of the community, resulting in nutritional, medical and health vulnerability of its members, particularly pregnant women, children, and the elderly - Violation of the right to judicial protection, to life, to personal integrity, to non-discrimination, to property as well as children rights

Judge Rapporteur: Discrimination against women, gender-based violence, property

Dissenting / Concurring: Vio Grossi / Fogel Pedrozo

González and Others ('Cotton Field') v. Mexico, IACtHR, Series C No. 205, 16/11/2009

Disappearance, torture, rape, brutal mutilation and death of three young women in cotton field in a context of insecurity and violence, especially against women - Violation of the right to life, to humane treatment, to personal liberty as well as the duty to investigate, prevent and punish violence against women

Dissenting / Concurring: García-Sayan / Medina Quiroga

Las Dos Erres Massacre v. Guatemala, IACtHR, Series C No. 211, 24/11/2009

Rape and forced abortion by inhuman treatment of women and girls in the context of the extrajudicial execution of 251 members of the Las Dos Erres community by the Guatemalan armed forces - Ineffective investigations - Violation of the right to dignity and of the duty to investigate, prevent and punish acts of violence against women

Judge Rapporteur: Sexual violence, forced abortion, ill-treatment discrimination against women, intersectionality

Dissenting / Concurring: Cadena Rámila

Schlumpf v. Switzerland, ECtHR, 29002/06, 08/01/2009
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2009

Article 6 (Fair hearing/Public hearing) Article 8 (Respect for family life/Respect for private life) - Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation and lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation - Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation

Dissenting / Concurring: Vajić, Jebens