Article 8 – Dismissal of a probation officer working with sex offenders by his employer for his involvement in BDSM-related activities and performing in fetish clubs
Contents for term
Article 8 – Dismissal of a probation officer working with sex offenders by his employer for his involvement in BDSM-related activities and performing in fetish clubs
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
Sexual acts with a minor - 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
Crimes against sexual freedom - Performance of sexual acts with a minor younger than fourteen - Ignorance regarding the age of the injured party
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Gang rape – Applicabilty of the extenuating circumstance regarding minor offences referred to in the last paragraph of Article 609-bis of the Italian Criminal Code
Violent attacks, humiliation, physical and psychological abuse, denial of medical care and isolation of 135 female prison inmates - Violation of the right to personal liberty, to humane treatment, to judicial protection, to a fair trial, and violation of the duty to prevent, investigate and punish violence against women
Dissenting / Concurring: Cançado Trindade / García Ramirez
Extrajudicial killing of four men, including two minors - Violation of the right to life, to humane treatment, to personal liberty, to a fair trial, to judicial protection, and, as regards the two minors, the rights of the child - Court's order to make institutional and social reforms, including designing a public awareness campaign to protect children from violence and creating mechanisms to ensure due process in cases of child executions
Dissenting / Concurring: Cançado Trindade
Gang rape criminal offence – Applicabilty of the extenuating circumstance regarding minor offences
Article 8 (Respect for private life) Article 6 (Fair hearing/Equality of arms) Article 7 (Nullum crimen sine lege) - Criminal conviction for certain sadomasochistic practices with others
Poor conditions in a detention centre for young people with fires killing nine detainees and injuring many - Violation of the right to judicial protection and to humane treatment given the atmosphere of violence, danger, abuse and mistrust - Violation of the right to life in combination with children's rights in failing to preventing the fire
Dissenting / Concurring: Cançado Trindade
Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse − Discrimination on grounds of sex
Judge Rapporteur: J.N. Cunha Rodrigues
Article 8 (Respect for private life) - Transsexual denied legal recognition of her gender change and refused retirement pension from the age applicable to other women
Rape and ill-treatment of twenty girls and young women in the context of the massacre of 268 people, mainly indigenous Mayans, as part of genocidal counter-insurgence state policy against indigenous people – Denial of justice, intimidation and discrimination to the detriment of the survivors and the next of kin of the victims
Dissenting / Concurring: García Ramírez / Cançado Trinidade
Article 14 (Discrimination) - Different age of consent for homosexual and heterosexual acts
Article 3 (Positive obligations) and Article 8 (Positive obligations) - Adequacy of protection provided by Bulgarian law for victim of alleged rape - Bulgarian law provided insufficient protection to victim of an alleged act of rape
Dissenting / Concurring: Tulkens
Article 14 in conjunction with Article 8 - The applicant alleged discrimination on the grounds of sexual orientation and on the grounds of age, on the basis that the legislation set down different ages of consent for homosexual and heterosexual acts
Dissenting / Concurring: Lemmens, Vehabović, Bošnjak / Pinto de Albuquerque / Lemmens, Vehabović, Ranzoni, Bošnjak
Article 8 (Respect for private life) and Article 12 (Marry) - Absence of legal recognition of change of sex - Impossibility for transsexual to marry
Dissenting / Concurring: Fischbach / Türmen / Greve
Appeal - Household allowance, married official - Registered partnership under Swedish law
Judge Rapporteur: J.-P. Puissochet