J.L. v. Italy, ECtHR, 5671/16, 27/05/2021
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2021

Condemnation of national courts for upholding presumptions and stereotypes of female sexuality - Positive obligations - 'Secondary victimisation' of a survivor of sexual violence due to the blaming, moralising and stereotyped gendered motivations of the domestic decision

Dissenting / Concurring: Wojtyczek

Maidanik and Others v. Uruguay, IACtHR, Series C No. 444, 15/11/2021

Extrajudicial killing of two women and forced disappearance of two men - Ineffective investigations - Violation of the right to personal integrity and to judicial protection

Dissenting / Concurring: Sexual violence, discrimination against women, ineffective investigations, disappearance

Oganezova v. Armenia, ECtHR, 71367/12, 72961/12, 17/05/2022
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2021

Article 3 (+ Article 14) (Inhuman or degrading treatment, Positive obligations, and Discrimination on the basis of sexual orientation) - State’s failure to protect LGBT bar owner and activist from homophobic arson, physical and verbal attacks and to carry out effective investigation - Absence of effective domestic criminal-law mechanism for investigating discrimination complaints

Romanov and Others v. Russia, ECtHR, 58358/14, 7146/15, 25887/15, 42395/15, 56617/19, 56637/19, 12/09/2023
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2021

Article 3 (substantive and procedural) read in the light of Article 14 (Positive obligations/Degrading treatment/Discrimination) - Failure to take effective preventive measures aimed at protecting members of LGBTI community from violent verbal and physical hate-motivated attacks by private individuals during demonstrations and to conduct an effective investigation into homophobic motives of counter-demonstrators

Vicky Hernández et al. v. Honduras, IACtHR, Series C No. 422, 26/3/2021

State's failure to conduct effective investigations into the murder of a sex-worker and trans woman because of her gender identity and expression – Ineffective investigation into gender-based violence relying on prejudices against the trans community amounts to a violation of the right to freedom of expression

Dissenting / Concurring: Odio Benito, Pazmiño Freire, Vio Grossi

Women’s Initiatives Supporting Group and Others v. Georgia, ECtHR, 73204/13, 74959/13, 16/12/2021
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2021

Article 3 and Article 11 (+ Article 14) - State’s failure to take operational preventive measures to protect applicants from homophobic and/or transphobic violence, conduct an effective investigation and ensure LGBT rally proceeded peacefully - Indications of official acquiescence, connivance and active participation in individual acts motivated by prejudice

X. v. Poland, ECtHR, 20741/10, 16/09/2021
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2021

Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model

Dissenting / Concurring: Wojtyczek