Article 11 (Freedom of association) Article 14 (Discrimination) - Refusal to register LGBT associations: violation - Refusal to register LGBT associations
Dissenting / Concurring: Keller, Serghides, Elósegui
Contents for term
Article 11 (Freedom of association) Article 14 (Discrimination) - Refusal to register LGBT associations: violation - Refusal to register LGBT associations
Dissenting / Concurring: Keller, Serghides, Elósegui
Article 14 and Article 8 - Refusal to prosecute authors of serious homophobic comments on Facebook including undisguised calls for violence - Authorities’ failure to investigate effectively whether impugned comments constituted incitement to hatred and violence
Refusal by the domestic courts to grant the request by two women to delegate parental authority over their respective biological child to their partner - Manifestly ill-founded
Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired
Judge Rapporteur: T. von Danwitz
A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible
Charter of Fundamental Rights of the European Union, article 7, respect for private and family life — Directive 2011/95/EU, standards for granting refugee status or subsidiary protection status, fear of persecution on grounds of sexual orientation — Assessment of facts and circumstances, recourse to an expert’s report, psychological tests
Judge Rapporteur: L. Bay Larsen
Refusal to award contact rights to the applicant in respect of the child which had been born to her former partner in Belgium using assisted reproductive techniques while the two women were a couple, despite the fact that the applicant had raised the child during his early years - No violation of Article 8 (right to respect for family life)
Article 8 (Respect for private life) - Refusal by the authorities to authorise a change of forename prior to the completion of gender reassignment surgery
Article 8 (Positive obligations and Respect for private life) - Legal requirements for rectification of civil status for transgender persons
Dissenting / Concurring: Ranzoni
Article 10 (Freedom of expression) Article 14 (Discrimination) - Legislative prohibition on the promotion of homosexuality among minors reinforcing stigma and prejudice and encouraging homophobia - Unjustified difference in treatment between heterosexual majority and homosexual minority
Dissenting / Concurring: Dedov
Refusal of the authorities of the Ministry of Justice to bear the cost of the applicant’s gender reassignment despite medical evidence of urgently needed treatment
Article 14 taken in conjunction with Article 8 - Refusal to grant a paternity leave to the partner of the mother
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) - Arbitrary and discriminatory power of authorities to propose changes in location, time or manner of conduct of a public event - Lack of effective remedy allowing an enforceable judicial decision against authorities’ refusal to approve the location, time or manner of conduct of a public event before its planned date
Scope of the rights to a name, to privacy, and to equal protection of the laws under the Pact of San José – Protection of the change of name, and the rectification of public records and identity documents in conformity to an individual’s gender identity – States’ obligation to extend all existing mechanisms, including marriage, to same-sex couples
Dissenting / Concurring: Vio Grossi / Siera Porto
Article 8 (Respect for family life/Respect for private life) - Refusal to register same-sex marriages contracted abroad
Dissenting / Concurring: Pejchal, Wojtyczek / Koskelo
Article 14 (Discrimination) - Difference in rights to retrospective survivor’s pension between same-sex couples and unmarried different-sex couples - No violation
Dissenting / Concurring: Keller
Prohibition of discrimination on grounds of sexual orientation and age — Payment of a survivor’s benefit to the civil partner — Partnership contracted before the 60th birthday of the member of the scheme
Judge Rapporteur: R. Silva de Lapuerta
Articles 12 and 14 - The applicants considered that the limitation of marriage to persons of different sexes constitutes a discriminatory infringement of the right to marry - No violation
Denial of the survivor's pension to his cohabiting gay partner being provided for heterosexual partnership or married couples only - Violation of the right to equal protection
Dissenting / Concurring: Ventura Robles / Vio Grossi
Dismissal of a military police officer pursuant to the army's rules of discipline prohibiting homosexual acts is incompatible with the Inter-American system's principles of equality and non-discrimination