Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties
Contents for term
Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties
Sexual violence and sexual acts with a minor – Regarding child sexual assault in a family context, reliability of statements made by the child and probable influence of the family
Adoption of children “in special cases” – Recognition of kinship resulting from adoption – Violation of the principle of the equal treatment of all children, regardless of whether they are born in or out of wedlock or adopted
Article 8 (Positive obligations/Private life) - Transgender men unable to obtain legal recognition of their gender without having undergone medical procedures to change their sex characteristics, due to imprecision of legal framework - Domestic authorities’ failure to provide quick, transparent and accessible procedures for legal gender recognition
Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse – Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl – Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the
Rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation - Violation of Article 8 (right to respect for private and family life)
Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State
Judge Rapporteur: M. Safjan
Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life - Evaluation of the alleged mother's inability to fulfil her parental duties based on stereotyped assumptions concerning gender roles and her sexual life
Dissenting / Concurring: sexual expression, discrimination against women, adoption
Article 8 (Private life) - Collection of data on sexual behaviour of potential blood donor based on speculation, and excessive length of data retention by public body - Applicant deferred from blood donation on basis of law requiring contraindication for men who had had sexual intercourse with another man
Article 3 (procedural) - Failure to carry out effective investigation into alleged death threats against vulnerable rape victim by her abuser father, in breach of domestic law
Dissenting / Concurring: Wojtyczek / Derenčinović
Applicability to “feminising” medical procedures carried out on an intersex person during childhood, without the person’s knowledge or consent - Limitation period invoked in response to a criminal complaint by an intersex person concerning feminising medical procedures carried out during childhood, where other remedies were still available - inadmissible
Revocation of the certification to teach Catholicism after having entered a same-sex relationship in violation of Catholic canon law - Violation of the right to equality and non-discrimination, the right to privacy, and the right to work - Court's order to institute a concrete judicial review procedure to allow state officials to carry out a control of the religious authorities’ assessment of suitability of religious teachers serving in public schools
Dissenting / Concurring: Sierra Porto
Article 14 (+ Article 2) (Discrimination) - Homophobic motives underlying a murder not constituting a statutory aggravating factor and having no measurable effect on sentencing
Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption
Using the derogatory epithets ‘frocio’ and ‘disgusting’ against a person constitutes defamation - Injury to personal identity - Prohibition of discrimination
Human trafficking - Profiting from the victims' situation of vulnerability, physical and psychological inferiority and need - Exploitation of prostitution and exposure of victims to serious danger to life and bodily harm
Family abuse - Repeated acts of physical or moral harassment – Family abuse criminal offence also applies to working relationships in which, due to the small number of people and the limited space, the environment is comparable to a family
Status of child born (in Italy) through recourse to heterologous medically assisted reproduction (MAP), carried out by a female couple – Possibility of granting the status of child recognised also by the intentional mother, where the conditions for ‘‘adoption in special cases’’ are not fulfilled even though the courts have established that such recognition would be in the interests of the child
Foreign decree recognising the parental relationship between a child born abroad as a result of surrogacy and the “intended parent” – Current lack of protection for the interests of the child
Sexual violence criminal offence - The offence of sexual assault is committed even if a more invasive act of the victim's sexual sphere had been prearranged