Art 8 • Positive obligations • Failure to protect a fourteen-year-old girl from sexual abuse • Domestic legal framework, as applied by the domestic authorities, did not afford effective protection
Contents for term
Art 8 • Positive obligations • Failure to protect a fourteen-year-old girl from sexual abuse • Domestic legal framework, as applied by the domestic authorities, did not afford effective protection
Art 3 and Art 8 (substantive and procedural) Respondent State having failed to effectively apply a criminal system capable of punishing non-consensual sexual acts by minors - Art 14 (+ Art 3 and Art 8) “Secondary victimisation” of one of the minors due to her exposure by the national authorities to guilt-inducing, moralising remarks conveying sexist stereotypes
Art 5 (Deprivation of liberty) - Imposition of a security measure of continued detention on the applicant on mental health grounds fell short of guarantees against arbitrariness
Art. 2 - Failure of the national authorities to fulfil their positive obligation to protect the applicant's life from violence by her partner - Acts qualified as violence against women - Lack of sufficient coordination between the various services and shortcomings in the applicable domestic law
Dissenting / Concurring: Von Werdt, Mourou-Vikstrom / Felici, Šimackova / Elosegui
Article 3 (lack of effective investigation) and Article 8 (right to respect for private and family life) - Failures in the investigation - Prejudicial gender stereotypes and victim-blaming attitudes
Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts
Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis
Judicial correction of the assigned gender – Possibility to assign a ‘third gender’ other than male or female gender – Alleged violation of the principle of equality, the right to personal identity, the right to health and the right to private and family life
Sexual violence and criminal offences against sexual freedom – Gang rape
Non-consensual termination of pregnancy, proof of abortion intention – Threats aiming at inducing the offended person to have an abortion - Private violence and personal injuries
Equal treatment for men and women – Part-time work - Workers of one sex are at a particular disadvantage compared to workers of the other sex
Refusal of the civil registrar to name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Request to register both women and not only the giving-birth mother as mothers of a child born through recourse to heterologous MAR - civil registrar cannot receive intentional parent’s statement aiming at establishing a a parent-child relationship
Civil partnership – Automatic dissolution of civil partnership in case of judicial correction of one party’s assigned gender – The judge suspends the effects of the civil partnership until the celebration of the marriage and, in any case, not later than one hundred and eighty days from res judicata of the gender rectification judgment, if the two parties express, personally and jointly, their intention to marry until the required hearing
Minor born as a result of medically assisted heterologous procreation - Request for cancellation of registration in Italy of foreign birth certificate
Intended parent’s name excluded from the child’s born-by-surrogacy birth certificate – Domestic dispute over the registration of a foreign court order
Disciplinary dismissal for carrying out acts unequivocally likely to cause the termination of his partner’s pregnancy
Transgender individuals complained about the lack of a regulatory framework in Hungary for the legal recognition of their gender identity - Inadmissible - their requests had eventually been granted in 2018, and the waiting period did not constitute an unreasonable delay under Article 8 (right to private life).
Violation of Article 8 and Article 14(+ Article 8) - Disproportionate dismissal of teacher in relation to photos posted on her private social media profile - Difference in treatment based solely on considerations of sexual orientation without particularly convincing and weighty reasons