Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
Contents for term
Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
Alternative medicine practitioner, osteopathy - Patient's consent required if medical treatment is invasive of the sexual sphere - Sexual violence committed where the patient has not been informed in advance
The offence of sexual violence is committed in the case of a forced kiss on the lips - Qualification of the kiss on the mouth as a ‘sexual act’ even in the case of mere lip contact - Kissing as an act of erotic value
Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources
Usual tolerance and aiding and abetting of prostitution – Classifying as criminal offence even in case of “prostitution voluntarily and knowingly engaged in a criminal offence”
Registration in Italy of foreign judgment regarding same-sex couple's adoption of child - Italian legislator does not approve same-sex couples' adoption
Gang rape - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence - The prior agreement of the participants is not required in gang rape offence
Sexual violence criminal offence - Possibility of deeming ‘unconventional’ sexual acts to be lawful insofar as they take place with the consent of the participants throughout their duration
The offence of sexual violence is committed in the case of sudden embrace involving physical contact between the bodies, including the genitals, and lateral touching of the breasts - Offence of sexual violence and mitigating circumstances - Inability to counter
Sexual violence and the hypothesis of lesser seriousness – Psychophysical consequences suffered by the victim judged to be of such a magnitude that the act cannot be considered less serious
Any form of psycho-physical coercion capable of affecting the freedom of people’s self-determination is sufficient for the offence of sexual violence to be committed - Cultural differences are irrelevant in offences against fundamental human rights
The offence of sexual violence is committed in the case of a slap on the bottom - Sexual act capable of embodying sexual pleasure or arousing the stimulus thereof
Sexual violence criminal offence - Foreigner accused of a crime against the person or the family – Defendant’s cultural and religious differences are in no way justifications
Article 11 (right to freedom of assembly), Article 13 (right to an effective remedy), Article 14 (right not to be discriminated against) - Repeated refusals to authorise gay-pride parades
Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid
Judge Rapporteur: M. Safjan
The applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights - A violation of Article 3 (prohibition of inhuman or degrading treatment) and of Article 8 (right to respect for private and family life)
Articles 8, 13 and 14 - Absence of a procedure allowing intersex people to change their gender and name records according to their self-identification
Article 14 (+ Article 3) (Discrimination) - Conviction for minor offence and EUR 40 fine for violent homophobic attack, without investigating hate motives, and subsequent discontinuance of criminal proceedings on ne bis in idem grounds
A transgender woman, claimed discrimination after being asked to leave a club in Turkey due to her gender identity - No violation of Article 8 (right to private life) in conjunction with Article 14 (prohibition of discrimination)
Article 8 (Respect for Private Life and Positive Obligations) - Unsuccessful attempt to change gender data in the birth register for over six years by a transgender person who had not yet undergone sex reassignment surgery
Dissenting / Concurring: Pejchal, Wojtyczek