221/2019, CC, 18/06/2019
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2019

Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources

278/2019, CC, 06/11/2019
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2019

Usual tolerance and aiding and abetting of prostitution – Classifying as criminal offence even in case of “prostitution voluntarily and knowingly engaged in a criminal offence”

C‑258/17, CJEU, 15/01/2019

Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid

Judge Rapporteur: M. Safjan

13729, CSC, 22/11/2018
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2018

Sexual violence and sexual acts with a minor – Regarding sexual violence, the attenuating circumstance of the lesser seriousness of the act cannot be excluded by the mere consideration of the repetition of the illicit conduct by the defendant

Association pour le Progrès et la Défense des Droits des Femmes Maliennes and the Institute for Human Rights and Development in Africa v. Mali, ACtHPR, 046/2016, 11/05/2018

Violation of the right to consent to marriage and the right to inheritance by the new Persons and Family Code setting marital age at 18 for boys and 16 or 15 for girls (subject to consent of her father) and for legitimate female offspring half of what males inherit 

C-451/16, CJEU, 26/06/2018

Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired

Judge Rapporteur: T. von Danwitz

Cuscul Pivaral et al. v. Guatemala, IACtHR, Series C No. 359, 23/08/2018

State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare 

C‑473/16, CJEU, 25/01/2018

Charter of Fundamental Rights of the European Union, article 7, respect for private and family life — Directive 2011/95/EU, standards for granting refugee status or subsidiary protection status, fear of persecution on grounds of sexual orientation — Assessment of facts and circumstances, recourse to an expert’s report, psychological tests

Judge Rapporteur: L. Bay Larsen

V. R. P., V. P. C. et al. v. Nicaragua, IACtHR, Series C No. 350, 08/03/2018

In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents

Women Victims of Sexual Torture in Atenco v. Mexico, IACtHR, Series C No. 371, 28/11/2018

Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children

Favela Nova Brasilia v. Brazil, IACtHR, Series C No. 333, 16/02/2017

Execution, torture and sexual assault of, inter alia, young girls, including minors, by police officers during a drug raid, with removal of corpses and obstruction of proper investigation – Violation of the rights to judicial protection, to physical, mental, and moral integrity, to move freely within a state and to a hearing within reasonable time by a competent and independent tribunal