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
Contents for term
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
Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family
Dissenting / Concurring: Ferrer Mac-Gregor Poisot
Article (Freedom of expression) - Seizure and confiscation for more than five years of all copies of edition of a magazine containing article on “pornography”
Article 4 (Trafficking in human beings) - Shortcomings in response to criminal complaint of human-trafficking
Article 14 (Discrimination) - Failure to take into account possible discriminatory motives in investigation of homophobic attack
Dissenting / Concurring: Myjer
Article 14 (Discrimination) - Discrimination between unmarried same-sex couples and unmarried different-sex couples in obtaining family reunification
Article 14 (Discrimination) - Refusal to grant a residence permit for family reasons to a foreign same-sex partner
Dissenting / Concurring: Bianku / Sicilianos
Illegal and arbitrary detention, and killing of women human rights defenders in a context of systematic gendered violence - Violation of the right to life, to dignity, and to freedom and security
Dissenting / Concurring: Ferrer Mac Gregor-Poisot / Vio Grossi
Kiss on the cheek does not violate the sexual freedom of the victim – Commission of the offence of private violence
Sexual violence criminal offence and persecutory acts - The change of lifestyle is a necessary behavior to which the victim of persecution resorts in order to try to escape from persecution
Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) – Unlawful dismissal of the applicant from her public sector job due to her political affiliations – Insufficiently justified dismissal disproportionately interfering with her rights
Dissenting / Concurring: Kjølbro
Technical requirements relating to blood and blood components, blood donation — Eligibility criteria for blood donors, persons whose sexual behaviour puts them at a high risk of acquiring severe infectious diseases that can be transmitted by blood — Man who has had sexual relations with another man
Judge Rapporteur: M. Safjan
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - The applicant complained of excessive police force during her arrest at a protest - The obligation of authorities to ensure the protection of individuals’ rights during peaceful demonstrations
Dissenting / Concurring: Kjølbro / Sajo, Keller, Kuris.
The applicant alleged that she had been a victim of a breach of Articles 3 and 8 of the Convention on account of the State’s failure to conduct a proper investigation into her allegation of rape committed against her - The applicant also complained that there had not been any effective remedies available to her as required by Article 13 of the Convention in respect of the above breaches.
Article 3 (Positive obligations) and Article 14 (Discrimination) - State’s failure to protect demonstrators from homophobic violence and to launch effective investigation - State’s failure to protect demonstrators from homophobic violence and to launch effective investigation
Dissenting / Concurring: Wojtyczek
Article 8 (Respect for home) - Lack of appropriate legal framework to protect occupant of flat from harassment by co-owners