Article 11 (Freedom of association and Freedom of peaceful assembly) - Repeated refusals to authorise gay-pride parades
Contents for term
Article 11 (Freedom of association and Freedom of peaceful assembly) - Repeated refusals to authorise gay-pride parades
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
Civil service, contract staff — Family allowances, same-sex couple, household allowance, condition for granting — Access to legal marriage
Judge Rapporteur: H. Tagaras
Article 3 (Expulsion) - Risk of ill-treatment in case of deportation to Afghanistan of a woman separated from her husband - Deportation would constitute a violation
Article 3 (Degrading treatment, Inhuman treatment, and Expulsion) - Alleged risk of female genital mutilation if applicant returned to Nigeria - Inadmissible
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
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
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
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
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
The loss or impairment, even if only psychic, of sexuality constitutes damage - Compensation for psychic suffering due to an incorrect surgical intervention that had altered sexual life
Sexual offences committed abroad by an Italian citizen against a foreign citizen – Letters rogatory abroad
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
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
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
Article 8 (Positive obligations) - Flawed implementation of domestic criminal-law mechanisms in respect of applicant’s allegations of physical violence by private individuals
Dissenting / Concurring: Spielmann
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
Sexual violence criminal offence - Reliability of statements made by the victim of sexual violence - Wearing jeans-type trousers, which do not hinder touching of intimate parts, cannot affect the victim's trustworthiness
Survivors’ benefits under a compulsory occupational pensions scheme – Refusal because the persons concerned were not married – Discrimination based on sexual orientation
Judge Rapporteur: J. Klučka
Article 8 (Respect for private life) - Gynaecological examination imposed on a detainee without her free and informed consent
Dissenting / Concurring: Björgvinsson, Garlicki