Schalk and Kopf v. Austria, ECtHR, 30141/04, 24/06/2010
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2010

Article 14 (Discrimination) Article 8 (Respect for family life) Article 12 (Marry) - Inability of same-sex couple to marry - Cohabiting same-sex couple living in a stable relationship constitute “family life” - Inability of same-sex couple to marry

Dissenting / Concurring: Rozakis, Spielmann, Jebens / Malinverni, Kovler

Xákmok Kásek Indigenous Community. v. Paraguay, IACtHR, Series C No. 214, 24/08/2010

State's inability to recover ancestral property belonging to the Xákmok Kásek indigenous community - Lack of access to property and possession threatening the survival of the community, resulting in nutritional, medical and health vulnerability of its members, particularly pregnant women, children, and the elderly - Violation of the right to judicial protection, to life, to personal integrity, to non-discrimination, to property as well as children rights

Judge Rapporteur: Discrimination against women, gender-based violence, property

Dissenting / Concurring: Vio Grossi / Fogel Pedrozo

Perozo and Others v. Venezuela, Series C No. 195, 28/01/2009

Harassment, persecution, physical and verbal attacks against people linked to a television station because of their exercise of their freedom of expression, including twelve women targets of gendered attacks –Intimidating statements made by government officials in a context of high social polarization and conflict – Violation of the right to freedom of expression and to effective investigations

Dissenting / Concurring: Paceri Scaramuzza

Ríos et and Others v. Venezuela, IACtHR, Series C No. 194, 28/01/2009

Harassment, persecution, physical and verbal attacks against people linked to a television channel, including women targeted because of their gender – Intimidating statements made by government officials in a context of high social polarization and conflict – Violation of the right to freedom of expression and to effective investigations

Dissenting / Concurring: Paceri Scaramuzza

Schlumpf v. Switzerland, ECtHR, 29002/06, 08/01/2009
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2009

Article 6 (Fair hearing/Public hearing) Article 8 (Respect for family life/Respect for private life) - Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation and lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation - Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation

Dissenting / Concurring: Vajić, Jebens

Zaunegger v. Germany, ECtHR, 22028/04, 03/12/2009
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2009

Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody

Dissenting / Concurring: Bertram Schmitt

C-506/06, CJEU, 26/02/2008

Directive 92/85/EEC, Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Meaning of ‘pregnant worker’; prohibition of dismissal of pregnant workers during the period from the beginning of their pregnancy to the end of the maternity leave − Woman dismissed where, at the date she was given notice of her dismissal, her ova had been fertilised in vitro, but not yet transferred to her uterus

Judge Rapporteur: A. Ó Caoimh

E.B. v. France, ECtHR, 43546/02, 22/1/2008 [GC]
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2008

Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orien

Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens

Bączkowski and Others v. Poland, ECtHR, 1543/06, 03/05/2007
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2007

Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views