C-451/16, CJEU, 26/06/2018

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

Charron and Merle-Montet v. France , ECtHR, 22612/15, 16/01/2018
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2018

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

C‑473/16, CJEU, 25/01/2018

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

Honner v. France, ECtHR, 19511/16, 12/11/2020
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2018

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)

Bayev and Others v. Russia, ECtHR, 67667/09, 44092/12, 56717/12, 20/06/2017
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2017

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

Lashmankin and Others v. Russia, ECtHR, 57818/09 + other 14, 07/02/2017
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2017

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

OC-24/17, Gender Identity, Equality and Non-Discrimination of Same-Sex Couples: State Obligations Concerning Change of Name, Gender Identity, and Rights Derived from a Relationship between Same-Sex Couples, IACtHR, Series A No. 24, 24/11/2017

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