Equal treatment - Discrimination in the workplace on grounds of sexual orientation - Right not to be discriminated against on grounds of sexual orientation
Contents for term
Equal treatment - Discrimination in the workplace on grounds of sexual orientation - Right not to be discriminated against on grounds of sexual orientation
Gang rape - Participation in gang rape video recording - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence
Family abuse – Family abuse is not committed in the case of a recently started relationship and occasional cohabitation
Attempted sexual violence - Relationship between the offence of persecutory acts and attempted aggravated murder - Circumstances such as to provoke a persistent state of anxiety in the victim and fear for her own safety and her relatives and cohabitants’ one, thus affecting her modus vivendi and the overall psychological state
Sexual violence - Bottom groping – Sexual violence is committed also in the case of insidiously rapid performance of the criminal action such as to surprise the victim and overcome her contrary will, thus making it impossible for her to defend herself
Stalking - Publication of merely mocking posts on a Facebook page accessible to anyone does not constitute persecutory acts and, if it falls within the limits of the legitimate freedom of thought and the right to criticism, it is legitimate - The state of anxiety engendered by invasive communications in the private sphere must be triggered for the crime of stalking to be established
Sexual violence and family abuse - Absorption of the offence of family abuse from the offence of sexual violence only when there is a full coincidence between the conduct, meaning that the damaging acts are exclusively aimed at and instrumental to the sexual violence
Sexual violence criminal offence - Failure to object to sexual intercourse with the spouse, during cohabitation, does not constitute an attenuating circumstance if it is proved that the offended party has suffered such intercourse as a result of the violence and threats repeatedly made against her
Persecutory acts – Family abuse - Absorption of the offence of persecutory acts into the offence of ill-treatment even when cohabitation has ceased depending on the nature of the relationship between the defendant and the injured party
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Discrimination against women - Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women
Refusal of the civil registrar to name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad
Ban on surrogacy – Recognition of the relationship with the intended parent – Referral to Corte Costituzionale that will rule on the recognition of a child born abroad through surrogacy
Article 14 (+ Article3) (Discrimination and Degrading treatment) - Abusive police conduct during search of premises of an LGBT NGO motivated by homophobic and/or transphobic hatred - Wilful humiliation and debasement with the use of hate speech and insults
Article 3 - Expulsion - Insufficient assessment of risk of and availability of State protection against ill-treatment on grounds of sexual orientation by non-State actors in the Gambia
Article 11 and Article 14 (+11) - Failure to ensure that public LGBTI awareness event proceeded peacefully - Passive police conduct and failure to restrain homophobic verbal attacks and physical pressure by counter-demonstrators
Prohibition of discrimination based on sexual orientation — Public statements ruling out recruitment of homosexual persons
Judge Rapporteur: I. Jarukaitis
Restriction on applicant’s contact rights based on his mental disorder, without assessing the latter’s impact on his caring skills or child’s safety - Violation of Article 14
Dissenting / Concurring: Stéphanie Mourou-Vikström, Georges Ravarani
Article 8 (Respect for family life/Respect for private life) - Protracted non-recognition of legal parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s registered partner
Article 10 (Freedom of expression) - Conviction for hate speech after posting offensive comments online about homosexuality