O.H. and G.H. v. Germany, ECtHR, 53568/18, 54941/18, 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 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

Olivera Fuentes v. Peru, IACtHR, Series C No. 484, 4/02/2023

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

Przybyszewska and Others v. Poland, ECtHR, 11454/17 + other 9, 12/12/2023
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2023

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

Semenya v. Switzerland, ECtHR, 10934/21, 11/07/2023
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2023

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

Valaitis v. Lithuania, ECtHR, 39375/19, 17/01/2023
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2023

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

Y v. France, ECtHR, 76888/17, 31/01/2023
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2023

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

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

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

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

A.M. and Others v. Russia, ECtHR, 47220/19, 6/7/2021
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2021

Article 8 (Family Life) Article 14 (+ Article 8) - Restriction of applicant’s parental rights and deprivation of contact with her children on gender identity grounds and domestic courts’ failure to conduct in-depth examination of entire family situation and of relevant factors - Discrimination on gender identity grounds and lack of convincing and sufficient reasons for difference in treatment vis-a-vis parents whose gender identity matched sex assignment at birth

Dissenting / Concurring: Georges Ravarani, María Elósegui

Association ACCEPT and Others v. Romania, ECtHR, 19237/16, 01/06/2021
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2021

Article 14, Article 8 and Article 11- Discrimination on the basis of sexual orientation - State’s failure to ensure LGBT event proceeded peacefully, without verbal abuse, and carry out an effective investigation into homophobic motives of counter-demonstrators

Dissenting / Concurring: Grozev, Harutyunyan

Athletics South Africa v. Switzerland, ECtHR, 17670/21, 5/10/2021
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2021

Athletics South Africa challenging the Swiss Federal Supreme Court's decision upholding World Athletics' regulations on testosterone levels for female athletes with Differences in Sexual Development (DSD) – Article 14 and Article 8 – Association not considered as direct and personal victim for the purposes of Article 34

C-490/20, CJEU, 14/12/2021

Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin

Judge Rapporteur: M. Ilešič