Romanov and Others v. Russia, ECtHR, 58358/14, 7146/15, 25887/15, 42395/15, 56617/19, 56637/19, 12/09/2023
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2021

Article 3 (substantive and procedural) read in the light of Article 14 (Positive obligations/Degrading treatment/Discrimination) - Failure to take effective preventive measures aimed at protecting members of LGBTI community from violent verbal and physical hate-motivated attacks by private individuals during demonstrations and to conduct an effective investigation into homophobic motives of counter-demonstrators

Vicky Hernández et al. v. Honduras, IACtHR, Series C No. 422, 26/3/2021

State's failure to conduct effective investigations into the murder of a sex-worker and trans woman because of her gender identity and expression – Ineffective investigation into gender-based violence relying on prejudices against the trans community amounts to a violation of the right to freedom of expression

Dissenting / Concurring: Odio Benito, Pazmiño Freire, Vio Grossi

Women’s Initiatives Supporting Group and Others v. Georgia, ECtHR, 73204/13, 74959/13, 16/12/2021
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2021

Article 3 and Article 11 (+ Article 14) - State’s failure to take operational preventive measures to protect applicants from homophobic and/or transphobic violence, conduct an effective investigation and ensure LGBT rally proceeded peacefully - Indications of official acquiescence, connivance and active participation in individual acts motivated by prejudice

X. v. Poland, ECtHR, 20741/10, 16/09/2021
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2021

Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model

Dissenting / Concurring: Wojtyczek

Aghdgomelashvili and Japaridze v. Georgia, ECtHR, 7224/11, 8/10/2020
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2020

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

Azul Rojas Marín v. Peru, IACtHR, Series C No. 402, 12/03/2020

Arbitrary arrest, rape and verbal abuse of a gay, currently trans, man by police officers during detention because of her sexual orientation – Discriminatory torture on the basis of sexual orientation – Violation of the rights to personal liberty, personal integrity, privacy, judicial guarantees and the judicial protection

D.B. and Others v. Switzerland, ECtHR, 58817/15, 58252/15, 22/11/2022
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2020

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

Rana v. Hungary, ECtHR, 40888/17, 16/07/2020
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2020

A lawfully settled non-Hungarian transgender person’s request for legal gender recognition, which was refused by the authorities due to a gap in the relevant legislation in force at the material time - By not giving the applicant access to the legal gender recognition procedure, a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life 

X and Y v. Romania, ECtHR, 2145/16, 20607/16, 19/01/2021
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2020

Article 8 (Positive obligations/Respect for private life) - Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery - Disruption of the fair balance between the general interest not clearly identified and the interests of the applicants

C‑258/17, CJEU, 15/01/2019

Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid

Judge Rapporteur: M. Safjan

X v. The Former Yugoslav Republic of Macedonia, ECtHR, 29683/16, 17/01/2019
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2019

Article 8 (Respect for Private Life and Positive Obligations) - Unsuccessful attempt to change gender data in the birth register for over six years by a transgender person who had not yet undergone sex reassignment surgery

Dissenting / Concurring: Pejchal, Wojtyczek