Plan de Sánchez Massacre v. Guatemala, IACtHR, Series C No. 116, 29/04/2004

Rape and ill-treatment of twenty girls and young women in the context of the massacre of 268 people, mainly indigenous Mayans, as part of genocidal counter-insurgence state policy against indigenous people – Denial of justice, intimidation and discrimination to the detriment of the survivors and the next of kin of the victims 

Dissenting / Concurring: García Ramírez / Cançado Trinidade

371/2003, CC, 17/12/2003
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2003

Maternity and childhood, working mothers who adopt - Right to maternity allowance in the case of international adoption - Entitlement during the three months following the entry of the adopted or fostered child, even if he or she is over six years of age - Manifestly unreasonable difference in treatment between employees and self-employed women

M.C. v. Bulgaria, ECtHR, 39272/98, 4/12/2003
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2003

Article 3 (Positive obligations) and Article 8 (Positive obligations) - Adequacy of protection provided by Bulgarian law for victim of alleged rape - Bulgarian law provided insufficient protection to victim of an alleged act of rape

Dissenting / Concurring: Tulkens

OC-18/03, Juridical Condition and Rights of Undocumented Migrants, IACtHR, Series A No. 18, 16/09/2003

Deprivation of the enjoyment and exercise of certain labour rights of migrant workers incompatible with obligation to respect and ensure the principles of legal equality, non-discrimination and the equal and effective protection of the law - Attention to all the areas of discriminatory human behaviour, including sexual orientation

Dissenting / Concurring: Cançado Trindade / García Ramírez / Hernán Salgado Pesantes / Abreu-Burelli

Palau-Martinez v. France, ECtHR, 64927/01, 16/12/2003
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2003

Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness -  The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion

Dissenting / Concurring: W. Thomassen

B.B. v. the United Kingdom, ECtHR, 53760/00, 10/02/2004 [GC]
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2002

Article 14 in conjunction with Article 8 - The applicant alleged discrimination on the grounds of sexual orientation and on the grounds of age, on the basis that the legislation set down different ages of consent for homosexual and heterosexual acts 

Dissenting / Concurring: Lemmens, Vehabović, Bošnjak / Pinto de Albuquerque / Lemmens, Vehabović, Ranzoni, Bošnjak

Beck, Copp and Bazeley v. the United Kingdom, ECtHR, 48535/99, 48536/99, 48537/99, 22/10/2002
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2002

Article 8, both alone and in conjunction with Article 14 - The applicants complained about both the intrusive investigations into their private lives and about their subsequent discharges from the armed forces pursuant to the absolute policy of the Ministry of Defence against homosexuals in the armed forces

Fretté v. France, ECtHR, 36515/97, 26/02/2002
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2002

Article 8 (Respect for private life) and Article 6 (Fair hearing) - Refusal of application for prior approval as a prospective adopter presented by an unmarried homosexual man, on the ground of his “choice of lifestyle”: no violation - Failure to summon to appear at hearing before Conseil d’Etat an unrepresented plaintiff who had no opportunity of seeing the submissions of commissaire du Gouvernement: violation

Dissenting / Concurring: Costa, Jungwiert, Traja / Bratza, Fuhrmann, Tulkens

I. v. United Kingdom, ECtHR, 25680/94, 11/07/2002 [GC]
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2002

Whether the lack of legal recognition of the gender change as a postoperative transsexual amounted to a violation of the right to respect for private and family life under Article 8 - Whether the right to marry and found a family under Article 12 had been violated by the refusal to give legal recognition to the change of gender as a postoperative transsexual

Dissenting / Concurring: Fischbach / Türmen / Greve