Article 3 (+ Article 14) - Discrimination - Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia
Dissenting / Concurring: Myjer / Gyulumyan, Ziemele
Contents for term
Article 3 (+ Article 14) - Discrimination - Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia
Dissenting / Concurring: Myjer / Gyulumyan, Ziemele
Violation of Article 3 (treatment and investigation) and Article 8 - The case concerned three women of Roma origin who complained in particular that they had been sterilised without their full and informed consent, that the authorities’ ensuing investigation into their sterilisation had not been thorough, fair or effective and that their ethnic origin had played a decisive role in their sterilisation
A Moldovan national alleged that, at the age of fourteen, she was raped by an acquaintance, she complained that the authorities had not investigated her allegations effectively and that the requirement of corroborative evidence of resistance had been discriminatory against her - Violation of Article 3 (investigation)
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) – Excessive use of force by the police during a peaceful demonstration – Obligation to respect fundamental rights by public authorities in the context of public demonstrations
Article 14 (Discrimination) - Difference in treatment between male and female military personnel regarding rights to parental leave
Dissenting / Concurring: Pinto de Albuquerque / Kalaydjieva / Nußberger, Fedorova / Popović
The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8
The applicant’s complaint that, raped at the age of 13, the authorities took more than 15 years to complete the ensuing investigation and she had no remedies against their reluctance to prosecute her aggressors - A violation of the authorities’ obligation under Article 3 (prohibition of inhuman and degrading treatment)
Article 10 (Freedom of expression) - Convictions for circulating homophobic leaflets at school - No violation
Dissenting / Concurring: Spielmann, Nußberger / Zupančič / Yudkivska, Villiger
Article 3 (Degrading treatment/Inhuman treatment) Article 14 (Discrimination) - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners
Dissenting / Concurring: Jočienė
Working mothers – Hypothesis of premature birth and admission of the newly born child to a public or private hospital – Right of the working mother to benefit from all or part of the mandatory period of leave to which she is entitled from the time the child enters the family home, upon request and where compatible with her state of health attested by medical documentation
Occupational pension scheme in the form of a supplementary retirement pension for former employees of a local authority and their survivors – Method of calculating that pension favouring married recipients over those living in a registered life partnership – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Fundamental rights, Combating discrimination – Equal treatment for men and women, sex as a factor in the assessment of insurance risks – Private life assurance contracts – Directive 2004/113/EC, Article 5(2), Derogation not subject to any temporal limitation
Judge Rapporteur: E. Juhász
Equal treatment for men and women in matters of social security – Exclusion from entitlement to the compensatory supplement of pensioners whose income, including that of the spouse forming part of their household, exceeds that standard amount – Indirect discrimination against women
Judge Rapporteur: A. Prechal
An attack on the applicant in the street in the course of which acid was thrown in her face, and the question of the authorities’ obligation to protect people and diligence in the proceedings following the attack - A violation of Articles 3 (prohibition of inhuman and degrading treatment – procedural aspect) and 8 (right to respect for private and family life)
The respondent government’s proposal to return a Nigerian woman and her two daughters to Nigeria where she claimed her daughters faced the risk of female genital mutilation - There was no evidence sending the applicants back to Nigeria would amount to a violation of Article 3
Article 4 (Trafficking in human beings) - Trafficking of a young Bulgarian girl in Italy not supported by sufficient evidence - Inadmissible
Dissenting / Concurring: Kalaydjieva
The applicant, as Christian, complained that his return to Iraq would involve a violation of Article 3 of the Convention
Article 8 (Respect for private life) - Absence of any legal requirement for newspapers to give advance notice before publishing details of a person’s private life - No violation
Unjustified refusal to recognise the adoption of an adult by his uncle, a monk - Violation of Article 8
Article 3 - The applicant alleges in particular that he was subjected to inhuman and degrading treatment by other detainees while in detention, and considers that the authorities failed to take the necessary measures to protect him from this -
Dissenting / Concurring: Spielmann, Nußberger