Restraining order applicable when cohabitation between the defendant and the victim is no longer in place - Attempt to violently restore cohabitation may constitute grounds for imposing a restraining order
Contents for term
Restraining order applicable when cohabitation between the defendant and the victim is no longer in place - Attempt to violently restore cohabitation may constitute grounds for imposing a restraining order
Protection of victims of domestic and gender-based violence - Suspended sentence granted to the defendant on account of his participation in specific rehabilitation programmes at qualified institutions or associations
The utterance of improper and offensive sentences aloud, in the presence of several users, towards a colleague - Sexually offensive sentences towards a colleague and just cause for dismissal
Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after gender reassignment - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child
Article 14 taken in conjunction with Article 3 - The alleged lack of an appropriate procedural response by the domestic authorities in connection with acts of homophobic violence against the applicant, who is a prominent figure in the local LGBTI community -
Article 8 (Positive obligations/Private and family life) - Absence of any form of legal recognition and protection for same‑sex couples
Equal treatment in employment and occupation, conditions for access to self-employment, employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work, termination and non-renewal of contract, freedom to choose a contracting party
Judge Rapporteur: M.L. Arastey Sahún
Art 8 (Positive obligations/Private and family life) - Absence of any form of legal recognition and protection for same-sex couples _ Confirmation of positive obligation to provide legal framework affording such couples adequate recognition and protection
Dissenting / Concurring: Pavli, Motoc / Wojtyczek / Poláčková / Lobov
Article 8 (Respect for family life/Respect for private life) - Absence of any form of legal recognition and protection of same-sex couples
Dissenting / Concurring: Pavli
A Moroccan intersex individual challenged their expulsion from France to Morocco, citing health risks and dangers due to their gender identity - The Court declared the application inadmissible, as the applicant had not exhausted domestic legal remedies
Article 3 (substantive and procedural) and Article 14 (+ Article 3) (Discrimination) - Abduction, detention and torture of applicant by State agents in Chechnya on account of his sexual orientation - Abduction, detention and torture of applicant triggered by homophobic motives which were not investigated
A former orthodox metropolitan challenging his conviction for incitement to hatred and discrimination under Greek law – The conviction stemmed from public statements he made, encouraging violence and exclusion against the LGBTQ+ community
Article 10 (Freedom of expression) - Temporary suspension of children’s fairy tale book depicting same-sex relationships and its subsequent labelling as harmful to children under the age of 14
Dissenting / Concurring: Yudkivska, Lubarda, Guerra Martins, Zünd, Kūris
Article 14 (+ Article 8) (Discrimination/Private and family life) - Absence of any form of legal recognition and protection for a same-sex couple - Unjustified difference in treatment of a same-sex couple vis-à-vis different-sex couples on the basis of sexual orientation
Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after the gender change - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child
Article 8( Positive obligations) - Absence of any form of legal recognition and protection for same-sex couples - Respondent State’s failure to comply with positive obligation to ensure legal recognition and protection of such couples through specific legal framework
Dissenting / Concurring: Wojtyczek
Article 13 - Discontinuation of investigation into homophobic comments on the Internet not disclosing any prejudicial attitude by the authorities taking account of the Court’s case-law – Wide-ranging and multifaceted domestic measures combatting hate speech in response to Court judgment in Beizaras and Levickas
Dissenting / Concurring: Krenc
Article 3 and Article 8 (Positive obligations) - Commutation of a ten-month prison sentence imposed on applicant’s co-worker to community service, after he had been convicted of sexual violence against her - Domestic court’s commutation of sentence without careful scrutiny of all relevant considerations
Article 8 (Positive obligations) - Refusal by national authorities to include the words “neutral” or “intersex” on the birth certificate of an intersex person instead of “male” - Choice of society at the discretion of the respondent State to determine the pace and extent to which requests from intersex persons in matters of civil status should be met, taking into account their difficult situation
Dissenting / Concurring: Kateřina Šimáčková/Mārtiņš Mits
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother