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
Contents for term
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
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Refusal to an arranged marriage
Surname of children born outside of marriage or born to married couples – Violation of children’s right to a personal identity and of the principle of equality in the relationship between the parents – It is up to the legislator to weigh the interests of children to have the same surname as their brothers and sisters
Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate - Possibility of granting the status of child recognised also by the intentional mother
Refusal of the civil registrar to two women’s request to correct their child’s birth certificate by naming both as mothers – Child born in Italy through recourse to medically assisted reproduction carried out by a female same-sex couple
Persecutory acts – The offence of persecutory acts is also committed in the case of indirect harassment - Communications of a harassing or threatening nature directed to recipients other than the offended person, but linked to the latter by a qualified relationship of proximity
Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties
Prohibition of surrogacy as an obstacle to the recognition of the foreign order establishing the filiation of the child born abroad – Prohibition in Italy of transcription of the foreign order naming the intended parent as the child's parent
Family abuse - Definition of the concept of ‘cohabitation’ is required to establish the crime family abuse - Cohabitation is a deep-rooted and stable affective relationship characterised by a lasting living together in the same place
Sexual violence and sexual acts with a minor – Regarding child sexual assault in a family context, reliability of statements made by the child and probable influence of the family
Necessary gender parity in electoral lists - Violation of the principles of gender equality and substantive equality