Maymulakhin and Markiv v. Ukraine, ECtHR, 75135/14, 01/06/2023
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2023

Article 14 (+ Article 8) (Discrimination/Private and family life) - Absence of any form of legal recognition and protection for a same-sex couple - Unjustified difference in treatment of a same-sex couple vis-à-vis different-sex couples on the basis of sexual orientation

Members of the Corporation Lawyers Collective 'José Alvear Restrepo' (CAJAR) v. Colombia, IACtHR, Series C No 506, 18/10/2023

Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da

Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg

Members of the Journalism Team of 'La Costeñísima' Radio regarding Nicaragua, IACtHR, Order , 22/3/2023

Provisional measures - Context of systemic violations of human rights including aggressions, harassment, threats and arbitrary detentions of journalists - Violence and exposure to risk of irreparable damage for women exacerbated by gender stereotypes and prejudices 

 

O.H. and G.H. v. Germany, ECtHR, 53568/18, 54941/18, 04/04/2023
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2023

Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after the gender change - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child

Olivera Fuentes v. Peru, IACtHR, Series C No. 484, 4/02/2023

Store manager's request to a homosexual couple to stop 'amorous scenes' and attempt to remove them forcibly - Use of homophobic stereotypes in domestic rulings including that homosexuality is a pathology and that queer expressions of affection are always erotic – Domestic court’s justification of the ejection of the couple based on 'respect for morality' and 'the best interest of the child' in the light of a purported scientific consensus on the consequences of the exposure of children to homosexual behaviour – Violation of the right to personal liberty, privacy and equality befor

Przybyszewska and Others v. Poland, ECtHR, 11454/17 + other 9, 12/12/2023
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2023

Article 8( Positive obligations) - Absence of any form of legal recognition and protection for same-sex couples - Respondent State’s failure to comply with positive obligation to ensure legal recognition and protection of such couples through specific legal framework

Dissenting / Concurring: Wojtyczek

Semenya v. Switzerland, ECtHR, 10934/21, 11/07/2023
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2023

South African intersex female professional athlete excluded from competing in female athletic events due to her naturally elevated testosterone levels following the Court of Arbitration for Sport’s ruling on her infringement of the Worlds Athletics’ Differences of Sex Development Regulations providing for either the suppression of testosterone levels or the exclusion from the category – Violation of the right to non-discrimination in conjunction with the right to respect for private life, and the right to an effective remedy

Dissenting / Concurring: Pavli / Serghides / Grozev, Roosma, Ktistakis

Valaitis v. Lithuania, ECtHR, 39375/19, 17/01/2023
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2023

Article 13 - Discontinuation of investigation into homophobic comments on the Internet not disclosing any prejudicial attitude by the authorities taking account of the Court’s case-law – Wide-ranging and multifaceted domestic measures combatting hate speech in response to Court judgment in Beizaras and Levickas

Dissenting / Concurring: Krenc

Vučković v. Croatia, ECtHR, 15798/20, 12/12/2023
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2023

Article 3 and Article 8 (Positive obligations) - Commutation of a ten-month prison sentence imposed on applicant’s co-worker to community service, after he had been convicted of sexual violence against her - Domestic court’s commutation of sentence without careful scrutiny of all relevant considerations

Y v. France, ECtHR, 76888/17, 31/01/2023
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2023

Article 8 (Positive obligations) - Refusal by national authorities to include the words “neutral” or “intersex” on the birth certificate of an intersex person instead of “male” - Choice of society at the discretion of the respondent State to determine the pace and extent to which requests from intersex persons in matters of civil status should be met, taking into account their difficult situation

Dissenting / Concurring: Kateřina Šimáčková/Mārtiņš Mits

A.D. and Others v. Georgia, ECtHR, 57864/17, 1/12/2022
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2022

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

Angulo Losada v. Bolivia, IACtHR, Series C No. 475, 18/11/2022

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

Callamand v. France, ECtHR, 2338/20, 07/04/2022
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2022

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)

D.M. and N. v. Italy, ECtHR, 60083/19, 20/01/2022
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2022

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

Drelon v. France, ECtHR, 3153/16, 08/09/2022
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2022

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