Article 14 (Discrimination) - Different-sex couple denied access to registered partnership reserved exclusively for same-sex couples - No violation
Contents for term
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
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