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
Contents for term
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
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