Same-sex couple – Marriage between same-sex people
Contents for term
Same-sex couple – Marriage between same-sex people
Penitentiary system – Detainees must have conversations under the visual surveillance of custody staff - Alleged impediment to a full emotional relationship between the detainee and the partner, i.e. the spouse or the de facto cohabiting partner
Same-sex couple - Marriage contracted abroad by two same-sex Italian citizens - Impossibility of registering in Italy a marriage contracted abroad between same-sex people
Forced disappearance of 26 people registered in a 'military diary' between 1983-1985 in the context of an internal conflict - Ineffective investigations - Violation of the right to judicial protection, to personal integrity, and to freedom of association
Forced disappearances, murders, inhumane treatment and sexual violence against women in the context of the massacres against members of Río Negro community perpetrated by the Army of Guatemala and members of the Civilian Self-Defense Patrols - Violation of freedom from slavery, freedom of association, movement and residence, conscience and religion, the right to humane treatment, to life, to a fair trial, and to judicial protection
Occupational pension scheme in the form of a supplementary retirement pension for former employees of a local authority and their survivors – Method of calculating that pension favouring married recipients over those living in a registered life partnership – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi
Same-sex future spouses’ request seeking to obtain publication of notice of their intention to marriage - Refusal of the civil registrar since Italian legal system makes no provision for marriage between individuals of the same sex on the grounds that this would be contrary to public order - Refusal to allow persons of homosexual orientation to contract marriage with persons of the same sex
Same-sex couple – Marriage between same-sex people
Torture and rape of an indigenous woman by military personnel - State's failure to comply with due diligence to investigate and punish the perpetrators - Ineffective investigations - Violation of the right to personal integrity, dignity, to private life, to judicial protection and to an effective remedy
Dissenting / Concurring: Espinosa
Civil service, contract staff — Family allowances, same-sex couple, household allowance, condition for granting — Access to legal marriage
Judge Rapporteur: H. Tagaras
Rape of an indigenous girl by members of the army - Ineffective investigations - State's failure to prevent, investigate and punish violence against women – Violation of the obligation of non-discrimination in accessing justice
Dissenting / Concurring: Abreu Blondet / Espinosa
State's inability to recover ancestral property belonging to the Xákmok Kásek indigenous community - Lack of access to property and possession threatening the survival of the community, resulting in nutritional, medical and health vulnerability of its members, particularly pregnant women, children, and the elderly - Violation of the right to judicial protection, to life, to personal integrity, to non-discrimination, to property as well as children rights
Judge Rapporteur: Discrimination against women, gender-based violence, property
Dissenting / Concurring: Vio Grossi / Fogel Pedrozo
Sexual offences committed abroad by an Italian citizen against a foreign citizen – Letters rogatory abroad
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Disappearance, torture, rape, brutal mutilation and death of three young women in cotton field in a context of insecurity and violence, especially against women - Violation of the right to life, to humane treatment, to personal liberty as well as the duty to investigate, prevent and punish violence against women
Dissenting / Concurring: García-Sayan / Medina Quiroga
Rape and forced abortion by inhuman treatment of women and girls in the context of the extrajudicial execution of 251 members of the Las Dos Erres community by the Guatemalan armed forces - Ineffective investigations - Violation of the right to dignity and of the duty to investigate, prevent and punish acts of violence against women
Judge Rapporteur: Sexual violence, forced abortion, ill-treatment discrimination against women, intersectionality
Dissenting / Concurring: Cadena Rámila
Survivors’ benefits under a compulsory occupational pensions scheme – Refusal because the persons concerned were not married – Discrimination based on sexual orientation
Judge Rapporteur: J. Klučka
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Sexual acts with a minor - The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act