Refusal by the domestic courts to grant the request by two women to delegate parental authority over their respective biological child to their partner - Manifestly ill-founded
Contents for term
Refusal by the domestic courts to grant the request by two women to delegate parental authority over their respective biological child to their partner - Manifestly ill-founded
Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired
Judge Rapporteur: T. von Danwitz
Right of Union citizens to move and reside freely in the territory of the Member States — Definition of ‘spouse’ — Marriage between persons of the same sex
Judge Rapporteur: M. Ilešič
A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible
State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare
Charter of Fundamental Rights of the European Union, article 7, respect for private and family life — Directive 2011/95/EU, standards for granting refugee status or subsidiary protection status, fear of persecution on grounds of sexual orientation — Assessment of facts and circumstances, recourse to an expert’s report, psychological tests
Judge Rapporteur: L. Bay Larsen
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months
Article 8 (Respect for private life) - Refusal by the authorities to authorise a change of forename prior to the completion of gender reassignment surgery
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - Reliability of the woman's statements
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