A.D. and Others v. Georgia, ECtHR, 57864/17, 1/12/2022
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2022

Article 8 (Positive obligations/Private life) - Transgender men unable to obtain legal recognition of their gender without having undergone medical procedures to change their sex characteristics, due to imprecision of legal framework - Domestic authorities’ failure to provide quick, transparent and accessible procedures for legal gender recognition

Brítez Arce et al. v. Argentina, IACtHR, Serie C No. 474, 16/11/2022

Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health

Dissenting / Concurring: Sierra Porto / Pérez Goldberg

C-405/20, CJEU, 05/05/2022

Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC, Article 5(c) and Article 12, prohibition of indirect discrimination on grounds of sex –National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount

Judge Rapporteur: T. von Danwitz

C-625/20, CJEU, 30/06/2022

Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – National legislation providing that two or more total occupational invalidity pensions acquired under the same statutory social security scheme are incompatible – Finding of indirect discrimination on the basis of statistical data, determination of the affected groups to be compared

Judge Rapporteur: A. Prechal

Callamand v. France, ECtHR, 2338/20, 07/04/2022
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2022

Rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation - Violation of Article 8 (right to respect for private and family life)

C‑2/21, CJEU, 24/06/2022

Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents, national legislation of that Member State of origin not recognising the parenthood of persons of the same sex

Judge Rapporteur: M. Ilešič

Drelon v. France, ECtHR, 3153/16, 08/09/2022
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2022

Article 8 (Private life) - Collection of data on sexual behaviour of potential blood donor based on speculation, and excessive length of data retention by public body - Applicant deferred from blood donation on basis of law requiring contraindication for men who had had sexual intercourse with another man

G.M. and Others v. the Republic of Moldova, ECtHR, 44394/15, 22/11/2022
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2022

Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse

M. v. France, ECtHR, 42821/18, 26/04/2022
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2022

Applicability to “feminising” medical procedures carried out on an intersex person during childhood, without the person’s knowledge or consent - Limitation period invoked in response to a criminal complaint by an intersex person concerning feminising medical procedures carried out during childhood, where other remedies were still available - inadmissible

Y v. Poland, ECtHR, 74131/14, 17/02/2022
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2022

Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption