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
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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
Provisional measures - Context of systemic violations of human rights including aggressions, harassment, threats and arbitrary detentions of journalists - Violence and exposure to risk of irreparable damage for women exacerbated by gender stereotypes and prejudices
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
Store manager's request to a homosexual couple to stop 'amorous scenes' and attempt to remove them forcibly - Use of homophobic stereotypes in domestic rulings including that homosexuality is a pathology and that queer expressions of affection are always erotic – Domestic court’s justification of the ejection of the couple based on 'respect for morality' and 'the best interest of the child' in the light of a purported scientific consensus on the consequences of the exposure of children to homosexual behaviour – Violation of the right to personal liberty, privacy and equality befor
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
South African intersex female professional athlete excluded from competing in female athletic events due to her naturally elevated testosterone levels following the Court of Arbitration for Sport’s ruling on her infringement of the Worlds Athletics’ Differences of Sex Development Regulations providing for either the suppression of testosterone levels or the exclusion from the category – Violation of the right to non-discrimination in conjunction with the right to respect for private life, and the right to an effective remedy
Dissenting / Concurring: Pavli / Serghides / Grozev, Roosma, Ktistakis
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 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
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
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)
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
Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State
Judge Rapporteur: M. Safjan
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
Revocation of the certification to teach Catholicism after having entered a same-sex relationship in violation of Catholic canon law - Violation of the right to equality and non-discrimination, the right to privacy, and the right to work - Court's order to institute a concrete judicial review procedure to allow state officials to carry out a control of the religious authorities’ assessment of suitability of religious teachers serving in public schools
Dissenting / Concurring: Sierra Porto
Article 14 (+ Article 2) (Discrimination) - Homophobic motives underlying a murder not constituting a statutory aggravating factor and having no measurable effect on sentencing
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
Using the derogatory epithets ‘frocio’ and ‘disgusting’ against a person constitutes defamation - Injury to personal identity - Prohibition of discrimination
Discrimination in the workplace on grounds of sexual orientation – Inability for religious educational institutions to discriminate against candidate teachers on grounds of their sexual orientation