Survivors’ benefits under a compulsory occupational pensions scheme – Refusal because the persons concerned were not married – Discrimination based on sexual orientation
Judge Rapporteur: J. Klučka
Contents for term
Survivors’ benefits under a compulsory occupational pensions scheme – Refusal because the persons concerned were not married – Discrimination based on sexual orientation
Judge Rapporteur: J. Klučka
Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orien
Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views
Right to sexual orientation and identity - Anti-discrimination on grounds of sexual orientation or gender identity rules - Measures regarding employment and social integration for persons who suffer discrimination on grounds of sexual orientation or gender identity
Refusal to award a retirement pension at the age of 60 to a transsexual who has undergone male-to-female gender reassignment surgery
Judge Rapporteur: J.N. Cunha Rodrigues
Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse − Discrimination on grounds of sex
Judge Rapporteur: J.N. Cunha Rodrigues
Article 8 (Respect for private life) - Transsexual denied legal recognition of her gender change and refused retirement pension from the age applicable to other women
The applicant complained that, if expelled to Iran, he would face a real risk of treatment contrary to Article 3 of the Convention on account of his sexual orientation - Inadmissible
Article 14 (Discrimination) - Discrimination between homosexual and heterosexual partners as regards transmission of tenancy rights on the death of one of the partners
Dissenting / Concurring: Grabenwarter
Article 14 (Discrimination) - Different age of consent for homosexual and heterosexual acts
Deprivation of the enjoyment and exercise of certain labour rights of migrant workers incompatible with obligation to respect and ensure the principles of legal equality, non-discrimination and the equal and effective protection of the law - Attention to all the areas of discriminatory human behaviour, including sexual orientation
Dissenting / Concurring: Cançado Trindade / García Ramírez / Hernán Salgado Pesantes / Abreu-Burelli
Article 14 in conjunction with Article 8 - The applicant alleged discrimination on the grounds of sexual orientation and on the grounds of age, on the basis that the legislation set down different ages of consent for homosexual and heterosexual acts
Dissenting / Concurring: Lemmens, Vehabović, Bošnjak / Pinto de Albuquerque / Lemmens, Vehabović, Ranzoni, Bošnjak
Article 8, both alone and in conjunction with Article 14 - The applicants complained about both the intrusive investigations into their private lives and about their subsequent discharges from the armed forces pursuant to the absolute policy of the Ministry of Defence against homosexuals in the armed forces
Article 8 (Respect for private life) and Article 12 (Marry) - Absence of legal recognition of change of sex - Impossibility for transsexual to marry
Dissenting / Concurring: Fischbach / Türmen / Greve
Being homosexuals, the applicant was unable to give blood -The applicant complained of a violation of Articles 8 (right to respect for private life) and 14 (prohibition of discrimination)
Relying on Articles 8 and 14 of the Convention, the applicant complains that his sexual orientation as such constitutes an exclusion clause from blood donation, and considers that this constitutes discrimination against him
Article 8 (Respect for private life) and Article 6 (Fair hearing) - Refusal of application for prior approval as a prospective adopter presented by an unmarried homosexual man, on the ground of his “choice of lifestyle”: no violation - Failure to summon to appear at hearing before Conseil d’Etat an unrepresented plaintiff who had no opportunity of seeing the submissions of commissaire du Gouvernement: violation
Dissenting / Concurring: Costa, Jungwiert, Traja / Bratza, Fuhrmann, Tulkens
The applicants complain under Article 8, alone and in conjunction with Article 14 of the Convention, in relation to the investigation into a most intimate part of their private lives (including, in the second applicant’s case, the search and confiscation of her personal belongings) and in relation to their subsequent discharge from the armed forces pursuant to the absolute policy against homosexuals in the armed forces
The applicant alleged a violation of Articles 8 and 14 of the Convention on account of his exclusion from blood donation based solely on his sexual orientation
Appeal - Household allowance, married official - Registered partnership under Swedish law
Judge Rapporteur: J.-P. Puissochet