Article 3 (Procedual) - The applicant alleged that the trial concerning her rape had been unduly long and had not been conducted with the required diligence
Contents for term
Article 3 (Procedual) - The applicant alleged that the trial concerning her rape had been unduly long and had not been conducted with the required diligence
Article 3 - The applicant alleged that the criminal proceedings concerning her rape had been unduly long and had not been conducted with the required diligence
Article 3 (prohibition of torture and inhuman or degrading treatment) - the procedure for the applicant's deportation to Guinea
Article 3 (Expulsion) - Proposed deportation of young Somali woman to Mogadishu (Somalia) - Deportation would not constitute a violation
Feminicide of a young woman including sexual violence - Unjustified wait to report the disappearance to the police and for the police to take formal notice – Violation of state obligation to prevent, punish and eradicate violence against women under the Belém do Pará Convention – Violation of the rights to life, to humane treatment, to a fair trial, to privacy and to judicial protection
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Caldas
Article 3 - The applicant alleged that the criminal proceedings concerning the sexual assaults against her had been unreasonably delayed, lacked impartiality, and exposed her to several traumatic experiences violating her personal integrity
Dissenting / Concurring: Yudkivska
Article 8 (Respect for private life) - Gender reassignment surgery made conditional on proof that the person concerned was no longer able to procreate
Dissenting / Concurring: Keller, Spano / Lemmens, Kūris
Sexual violence criminal offence – Ban on the extenuating circumstance regarding minor offences referred to in the third paragraph of Article 609-bis of the Italian Criminal Code (sexual violence)
Judicial correction of the assigned gender – Effects of the judgment regarding the correction on preexisting marriage – Automatic termination of the civil effects resulting from the registration of the marriage celebrated by religious rite, without the need for an application and judicial decision
Sexual violence committed when forcing someone to perform or be subjected to sexual acts, by means of violence, threats or abuse of authority – Kissing is a sexual act
Minimum standards for granting refugee status or subsidiary protection status — Fear of persecution on grounds of sexual orientation — Differences between, on the one hand, the limitations that apply to the verification of statements and documentary or other evidence as regards the declared sexual orientation of an applicant for asylum and, on the other hand, those that apply to the verification of those elements as regards other grounds for persecution
Judge Rapporteur: L. Bay Larsen
Arbitrary detention and violence against a woman in the context of systematic sexual violence – Ineffective investigations - Violation of the right to dignity, to physical integrity, to judicial protection, and to non-discrimination
Article 8 (Positive obligations/Respect for family life/Respect for private life) - Refusal to give applicant female identity number following sex change unless marriage was transformed into a civil partnership
Dissenting / Concurring: Ziemele / Sajó, Keller and Lemmens
Article 3 (Positive obligations) - Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher
Dissenting / Concurring: Ziemele / Zupančič, Gyulumyan, Kalaydjieva, De Gaetano, Wojtyczek / Charleton
Article 3 (Effective investigation) - Undue delays in criminal proceedings and failure properly to investigate rape and assault allegations
Article 8 (Positive obligations and Respect for private life) Article 14 (Discrimination) - Refusal to prosecute for a joke made during television comedy show about homosexual celebrity referred to as a ‘female’
Ineffective investigations with many deficiencies after the victim’s mother’s report of the disappearance and later killing of her young minor daughter - Violation of the right to life, to personal integrity, to non-discrimination and the duty of due diligence to prevent and investigate violence against women
The applicant was raped by a group of men and the case was delayed for a decade because some of the defendants had emigrated to Austria - Violation of Article 3 (procedure)
Collective agreement which restricts a benefit in respect of pay and working conditions to employees who marry – Exclusion of partners entering into a civil solidarity pact – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Minimum standards relating to the conditions for granting refugee status or subsidiary protection status – Well-founded fear of being persecuted on account of membership of a particular social group – Acts sufficiently serious to justify such a fear, legislation criminalising homosexual acts
Judge Rapporteur: L. Bay Larsen