33/2025, CC, 20/01/2025
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2025

International adoption – Unnecessary interference in a democratic society of the provision preventing single persons from applying for the declaration of suitability to adopt and the judge from issuing a decree of suitability for international adoption – Constitutional illegitimacy of art. 29-bis, par. 1 of law no. 184 of 4/05/1983

Bednarek and Others v. Poland, ECtHR, 58207/14, 11/07/2025
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2025

Art 3 (+ Art 14) - Insufficient State response to battery with homophobic overtones committed against the applicants - Domestic legal framework did not include sexual orientation among grounds for the commission of hate crime or discrimination offences - Prima facie indications that two of the applicants suffered violence motivated or influenced by prejudice

Dissenting / Concurring: Serghides / Wojtyczek, Poláčková

P. v. Poland, ECtHR, 56310/15, 13/02/2025
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2025

Articles 8 (right to respect for private and family life), 10 (freedom of expression) and 14 (prohibition of discrimination) - Qualified English and Polish gay teacher, author of an illustrated diary on an internet website for adult gay men, asked to stop by the school principal - Removal from his position as a teacher following a decision of the Disciplinary Commission for breaching 'the dignity of the teaching profession' - Violation of Article 10

Dissenting / Concurring: Joint Dissenting Opinion of Judges Wojtyczek, Paczolay and Poláčková

Semenya v. Switzerland, ECtHR, 10934/21, 10/07/2025
COURT: 
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2025

Art 6 § 1 - Appeal to Federal Supreme Court against Court of Arbitration for Sport award rejecting complaint by professional athlete with differences of sex development, concerning non-State regulations requiring her to lower her natural testosterone level in order to compete in women’s category in international competitions

Dissenting / Concurring: Šimáčková / Bošnjak, Zünd, Šimáčková, Derenčinović / Eicke, Kucsko-Stadlmayer

Străisteanu v. the Republic of Moldova, ECtHR, 9989/20, 05/06/2025
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2025

Article 10 - Freedom of expression - Obligation imposed to the applicant, lawyer and activist for LGBTIQ+ rights, to delete on her Facebook profile some videos recording another lawyer yelling homophobic slurs on the eve of the Pride - Domestic administrative courts' failure to examine adequately the claim in the light of the issue of public importance

 

Á.C. and Others v. Hungary, ECtHR, 66078/17, 12918/19, 13/02/2024
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2024

Transgender individuals complained about the lack of a regulatory framework in Hungary for the legal recognition of their gender identity - Inadmissible - their requests had eventually been granted in 2018, and the waiting period did not constitute an unreasonable delay under Article 8 (right to private life).

Hanovs v. Latvia, ECtHR, 40861/22, 18/07/2024
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2024

Violation of Article 3 and Article 8 + Article 14 (Positive obligations, Effective investigation, and Discrimination on the basis of sexual orientation) - Failure to adequately protect the applicant from a homophobic attack by ensuring the effective prosecution of the perpetrator and prosecuting the attack as a hate-motivated offence

Side by Side International Film Festival and Others v. Russia, ECtHR, 32678/18, 17172/20, and 30564/21
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2024

Art 10 (Positive obligations/Freedom of expression) - Authorities’ years-long failure to secure safe and uninterrupted conduct of annual international LGBT film festival organised by the applicant company - Failure to take comprehensive action and to implement dissuasive measures concerning repeated telephone bomb threats and other false security alarms on film screening days

W.W. v. Poland, ECtHR, 31842/20, 11/07/2024
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2024

Violation of Article 8 (Private life) - Refusal to allow transgender person to continue hormone therapy in prison - Applicant particularly vulnerable as an imprisoned transgender person undergoing a gender reassignment procedure, thus requiring enhanced protection from the authorities

Dissenting / Concurring: Krzysztof Wojtyczek

Yevstifeyev and Others v. Russia, ECtHR, 226/18, 236/18, 2027/18, and 22327/22, 03/12/2024
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2024

Art 14 (+ Art 8) Discrimination on the ground of sexual orientation/Private life - Domestic authorities’ failure to comply with positive obligation to respond adequately to homophobic motivated physical threats and verbal assault by a politician against three of the applicants at a rally

A. H. and Others v. Germany, ECtHR, 7246/20, 04/04/2023
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2023

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

C‑356/21, CJEU, 12/01/2023

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

Fedotova and Others v. Russia, ECtHR, 40792/10, 30538/14, 43439/10, 17/01/2023 [GC]
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2023

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

Lapunov v. Russia, ECtHR, 28834/19, 12/9/2023
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2023

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