Sexual violence criminal offence - The mere lack of consent, not the manifestation of dissent, is required for the commission of the crime of sexual violence
Contents for term
Sexual violence criminal offence - The mere lack of consent, not the manifestation of dissent, is required for the commission of the crime of sexual violence
Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)
Law enforcement - Winners absent from work for maternity leave - Violation of equal treatment between women and men and of the special protection of mothers and children
Harassment in the workplace - Harassment is unwanted conduct on grounds of sex with the purpose or effect of violating the dignity of an employee and creating an intimidating, hostile, degrading, humiliating or offensive environment
Rejection of the registration in Italy of the birth certificate of a child – conceived through recourse to heterologous medically assisted reproduction and born in Italy - naming the intended parent as the child's parent - The legislator has restricted access to heterologous medically assisted reproduction to situations of pathological infertility, which does not include same-sex couples
Recognition of judgment delivered by foreign judge regarding intended mother’s full adoption of a child, biological son of one of the two partners of a female same-sex couple married abroad – Request for transcription of foreign birth certificate – Child born abroad by medically assisted reproduction
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Protection of women against all forms of violence – Family abuse - Repeated behaviour aimed at physically or psychologically damaging the dignity and identity of the offended person by restricting her self-determination
Sexual violence criminal offence -The Court considers sexual violence also when sexual intercourse is consummated even if only by taking advantage of the state of prostration, distress or diminished resistance in which the victim is reduced
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