Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Judge Rapporteur: N. Piçarra
Contents for term
Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Judge Rapporteur: N. Piçarra
Qualification for refugee status – ‘Membership of a particular social group’ – Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State
Judge Rapporteur: N. Piçarra
Social policy, Directive (EU) 2019/1158, balance between working life and private life of parents – Single-parent family, equal treatment with two-parent families – Extension of maternity leave
Judge Rapporteur: A. Prechal
Violation of Article 3 and Article 8 + Article 14 (Positive obligations, Effective investigation, and Discrimination on the basis of sexual orientation) - Failure to adequately protect the applicant from a homophobic attack by ensuring the effective prosecution of the perpetrator and prosecuting the attack as a hate-motivated offence
Art 8 (Positive obligations/Private life) - Inadequate criminal legal framework, at the material time, not affording the applicant protection against acts of online harassment committed by her former intimate partner consisting of the non-consensual public dissemination of intimate photographs of her - Failure to conduct prompt and thorough criminal investigation
Muslim girls were prohibited from wearing the Islamic veil in their schools, with the exception of non-denominational religious and ethics classes by the school regulations - inadmissible (manifestly ill-founded)
Violation of Article 10 (Freedom of expression) - Refusal by local authorities to authorise the display of an anti-discrimination illustration on advertising billboards for depicting persons with disabilities and Roma in an undignified and humiliating manner
Violation of Article 2 (procedural) - Lack of effective investigation into the alleged suicide of the applicant’s daughter in a domestic violence context - Investigative authority’s non-compliance with requirement to display particular diligence and vigour when investigating a case involving violence against women could be read as sheer unwillingness to establish the truth
Violation of Article 8 (Family life) - Termination of custody and foster care agreement of transgender person in respect of two minors on account of his diagnosis of “transsexualism” and change of gender identity
Dissenting / Concurring: Georgios A. Serghides
Art 10 (Positive obligations/Freedom of expression) - Authorities’ years-long failure to secure safe and uninterrupted conduct of annual international LGBT film festival organised by the applicant company - Failure to take comprehensive action and to implement dissuasive measures concerning repeated telephone bomb threats and other false security alarms on film screening days
Violation of Article 8 (Private life) - Refusal to allow transgender person to continue hormone therapy in prison - Applicant particularly vulnerable as an imprisoned transgender person undergoing a gender reassignment procedure, thus requiring enhanced protection from the authorities
Dissenting / Concurring: Krzysztof Wojtyczek
Article 3 and Article 8 (Positive obligations) - Failure of investigative and judicial authorities to adequately respond to rape allegations and submit the case to the careful scrutiny required - Adequate legal and regulatory domestic framework not applied in practice as investigation ineffective
Art 3 and Art 8 (Positive obligations) - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts
The revision of the judgement, which was originally decided in 2020 - The applicant had failed to inform the ECtHR at the time of his success in obtaining legal gender recognition from another Bulgarian court and, therefore, retroactively found the case to be inadmissible
Dissenting / Concurring: Kateřina Šimáčková
Art 14 (+ Art 8) Discrimination on the ground of sexual orientation/Private life - Domestic authorities’ failure to comply with positive obligation to respond adequately to homophobic motivated physical threats and verbal assault by a politician against three of the applicants at a rally
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
Aggravated abuse criminal offence - Women reporting violence with a clear intent to manipulate the legal system
Persecutory acts [the so-called stalking] - Notion of harassment relevant to the crime of stalking - Creation of an intimidating and hostile climate capable of compromising the offended person's peace of mind and psychological freedom
Female workers - Women workers - Direct discrimination on grounds of sex - Dismissal of an employee because of her pregnancy
Indirect discrimination not to employ a woman for reasons of physical unfitness due to short stature – Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women