Article 3 (+ Article 14) - Discrimination - Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia
Contents for term
Article 3 (+ Article 14) - Discrimination - Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia
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
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
Violation of the right to free legal assistance due to the state's failure to ensure it to the applicant serving a sentence of thirty years imprisonment for the offence of rape
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
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
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
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
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
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Family abuse - Insulting, denigrating and violent behaviour leading to a constant climate of tension and fear within the domestic environment - Failure to object to sexual intercourse with one's spouse for fear of even more detrimental consequences does not constitute a mitigating factor
Sexual violence criminal offence - For the aggravating circumstance referred to in Article 609 ter(1)(2) of the criminal code to be applicable, the use of alcoholic or narcotic substances must depend on a giving carried out or facilitated by the defendant and whose purpose must be the performance of sexual acts
Sexual violence criminal offence - Deposition of the offended person in the current procedural system - Subjective credibility and reliability of the narration
The offence of sexual violence is committed even in the absence of physical contact with the victim - Sexual acts with a minor - Threats to coerce a minor into exchanging sexually explicit selfies and messages
Sexual violence and abuse of authority - Abuse of authority constitutes a position of supremacy to force the passive subject to perform or be subjected to sexual acts
Gang rape - Participation in gang rape video recording - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence
Family abuse – Family abuse is not committed in the case of a recently started relationship and occasional cohabitation
Attempted sexual violence - Relationship between the offence of persecutory acts and attempted aggravated murder - Circumstances such as to provoke a persistent state of anxiety in the victim and fear for her own safety and her relatives and cohabitants’ one, thus affecting her modus vivendi and the overall psychological state
Sexual violence - Bottom groping – Sexual violence is committed also in the case of insidiously rapid performance of the criminal action such as to surprise the victim and overcome her contrary will, thus making it impossible for her to defend herself
Sexual violence and family abuse - Absorption of the offence of family abuse from the offence of sexual violence only when there is a full coincidence between the conduct, meaning that the damaging acts are exclusively aimed at and instrumental to the sexual violence