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
Contents for term
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
Inability to register in Italy same-sex marriage celebrated abroad between an Italian citizen and a foreigner - Marriage performed abroad by a same-sex couple in Italy corresponds to a civil partnership
Sexual violence and sexual acts with a minor – Regarding sexual violence, the attenuating circumstance of the lesser seriousness of the act cannot be excluded by the mere consideration of the repetition of the illicit conduct by the defendant
Gang rape - Participation in gang rape by means of mobile phone filming - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence
Civil partnership – Correction of birth certificate and record by cancellation of the entry concerning the choice of surname
Gang rape – Victim’s voluntary consumption of alcohol or drugs - Abuse of mental or physical inferiority
Forced taking of the so-called ‘date rape drug’ - Sexual violence aggravated by the abuse of the victim's impaired psychophysical condition due to drug use
State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
Violation of the right to consent to marriage and the right to inheritance by the new Persons and Family Code setting marital age at 18 for boys and 16 or 15 for girls (subject to consent of her father) and for legitimate female offspring half of what males inherit
Article 14 and Article 8 - Refusal to prosecute authors of serious homophobic comments on Facebook including undisguised calls for violence - Authorities’ failure to investigate effectively whether impugned comments constituted incitement to hatred and violence