Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - abuse of mental inferiority conditions
Contents for term
Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - abuse of mental inferiority conditions
Sexual violence and sexual acts with a minor – Regarding child sexual assault, the second interview of the offended parties must be limited to exceptional cases
Article 8 (Positive obligations and Respect for private life) - Legal requirements for rectification of civil status for transgender persons
Dissenting / Concurring: Ranzoni
The investigation carried out by the Belgian authorities after the applicant had lodged a criminal complaint alleging rape and indecent assault - A violation of the procedural aspect of Article 3 (prohibition of inhuman and degrading treatment)
Refusal of the authorities of the Ministry of Justice to bear the cost of the applicant’s gender reassignment despite medical evidence of urgently needed treatment
Execution, torture and sexual assault of, inter alia, young girls, including minors, by police officers during a drug raid, with removal of corpses and obstruction of proper investigation – Violation of the rights to judicial protection, to physical, mental, and moral integrity, to move freely within a state and to a hearing within reasonable time by a competent and independent tribunal
Article 14 taken in conjunction with Article 8 - Refusal to grant a paternity leave to the partner of the mother
Scope of the rights to a name, to privacy, and to equal protection of the laws under the Pact of San José – Protection of the change of name, and the rectification of public records and identity documents in conformity to an individual’s gender identity – States’ obligation to extend all existing mechanisms, including marriage, to same-sex couples
Dissenting / Concurring: Vio Grossi / Siera Porto
Article 8 (Respect for family life/Respect for private life) - Refusal to register same-sex marriages contracted abroad
Dissenting / Concurring: Pejchal, Wojtyczek / Koskelo
Article 14 (Discrimination) - Different-sex couple denied access to registered partnership reserved exclusively for same-sex couples - No violation
Italian Cassazione recognizes stepchild adoption in special cases - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples - The sexual orientation of the adoptive parent is not relevant
Sexual violence committed also in cases where it takes place between spouses – Family abuse committed in cases of deprivation of financial means
Possibility of weighing, in the specific case, whether it is in the best interests of the minor child to maintain meaningful relations with the biological parent's ex-partner [in particular, following the termination of the homo-affective cohabitation between them]
Sexual violence committed even when someone uses violence or threats to force a prostitute to engage in non-consensual sexual intercourse - Irrelevance of the circumstance that the victim engages in prostitution as the right to respect for sexual freedom is independent of personal conditions and qualities
Prosecutability ex officio – Sexual violence criminal offence and persecutory acts - Convicted and attempted sexual assault and stalking of wife would be prosecutable ex officio if there is a Police Commissioner's warning
Recognition in Italy of a foreign judgment establishing the child’s adoption by the parent's spouse - Civil partnership between adoptee and biological parent merged in same-sex marriage celebrated abroad
Prohibition of discrimination on grounds of sexual orientation and age — Payment of a survivor’s benefit to the civil partner — Partnership contracted before the 60th birthday of the member of the scheme
Judge Rapporteur: R. Silva de Lapuerta
Articles 12 and 14 - The applicants considered that the limitation of marriage to persons of different sexes constitutes a discriminatory infringement of the right to marry - No violation
Denial of the survivor's pension to his cohabiting gay partner being provided for heterosexual partnership or married couples only - Violation of the right to equal protection
Dissenting / Concurring: Ventura Robles / Vio Grossi
Dismissal of a military police officer pursuant to the army's rules of discipline prohibiting homosexual acts is incompatible with the Inter-American system's principles of equality and non-discrimination