M. v. France, ECtHR, 42821/18, 26/04/2022
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2022

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

Pavez Pavez v. Chile, IACtHR, Series C No. 449, 4/2/2022

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

Y v. Poland, ECtHR, 74131/14, 17/02/2022
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2022

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

32/2021, CC, 28/01/2021
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2021

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

A.M. and Others v. Russia, ECtHR, 47220/19, 6/7/2021
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2021

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

Association ACCEPT and Others v. Romania, ECtHR, 19237/16, 01/06/2021
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2021

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 v. Switzerland, ECtHR, 17670/21, 5/10/2021
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2021

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

Barbosa de Souza and Others v. Brazil, IACtHR, Series C No. 435, 7/09/2021

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

Bedoya Lima and Others v. Colombia, IACtHR, Series C No. 431, 26/08/2021

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