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
Contents for term
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
Sexual violence committed even if the violence is not brutal and aggressive – Sexual violence act even exclusively as a functional and limited pretension of the sexual act itself – Kissin is a sexual act
Article 8 (Family Life) Article 14 (+ Article 8) - Restriction of applicant’s parental rights and deprivation of contact with her children on gender identity grounds and domestic courts’ failure to conduct in-depth examination of entire family situation and of relevant factors - Discrimination on gender identity grounds and lack of convincing and sufficient reasons for difference in treatment vis-a-vis parents whose gender identity matched sex assignment at birth
Dissenting / Concurring: Georges Ravarani, María Elósegui
Article 14, Article 8 and Article 11- Discrimination on the basis of sexual orientation - State’s failure to ensure LGBT event proceeded peacefully, without verbal abuse, and carry out an effective investigation into homophobic motives of counter-demonstrators
Dissenting / Concurring: Grozev, Harutyunyan
Athletics South Africa challenging the Swiss Federal Supreme Court's decision upholding World Athletics' regulations on testosterone levels for female athletes with Differences in Sexual Development (DSD) – Article 14 and Article 8 – Association not considered as direct and personal victim for the purposes of Article 34
Killing of a young African descent woman and impunity of the perpetrator due a broad application of the parliamentary immunity - Gender stereotypes employed by domestic authorities to the detriment of the victim - Violation of the right to equality before the law, to judicial protection, and to be free from discrimination
Verbal, physical and sexual violence committed against a female journalist in the context of a kidnapping by a paramilitary group - Violation of the right to judicial protection, to dignity, to freedom of thought and expression, to personal integrity, to equal protection before the law - Lack of due diligence due to discriminatory attitudes towards the victim in the course of the investigations
Border controls, asylum and immigration – Common procedures for granting and withdrawing international protection –Circumstances which already existed before a procedure relating to a previous application for international protection was definitively concluded
Judge Rapporteur: L.S. Rossi
Killing of a female huma rights defender in the contest of spread abuses against women - Ineffective investigations without a gender lens - Violation of the right to dignity, to judicial protection and to personal integrity
Article 3 and Article 8 - Authorities breaching procedural positive obligations as to enforcement of sentence for sexual assault after offender’s amnesty granted then revoked