Schalk and Kopf v. Austria, ECtHR, 30141/04, 24/06/2010
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2010

Article 14 (Discrimination) Article 8 (Respect for family life) Article 12 (Marry) - Inability of same-sex couple to marry - Cohabiting same-sex couple living in a stable relationship constitute “family life” - Inability of same-sex couple to marry

Dissenting / Concurring: Rozakis, Spielmann, Jebens / Malinverni, Kovler

González and Others ('Cotton Field') v. Mexico, IACtHR, Series C No. 205, 16/11/2009

Disappearance, torture, rape, brutal mutilation and death of three young women in cotton field in a context of insecurity and violence, especially against women - Violation of the right to life, to humane treatment, to personal liberty as well as the duty to investigate, prevent and punish violence against women

Dissenting / Concurring: García-Sayan / Medina Quiroga

Schlumpf v. Switzerland, ECtHR, 29002/06, 08/01/2009
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2009

Article 6 (Fair hearing/Public hearing) Article 8 (Respect for family life/Respect for private life) - Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation and lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation - Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation

Dissenting / Concurring: Vajić, Jebens

E.B. v. France, ECtHR, 43546/02, 22/1/2008 [GC]
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2008

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

Bączkowski and Others v. Poland, ECtHR, 1543/06, 03/05/2007
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2007

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

OC-18/03, Juridical Condition and Rights of Undocumented Migrants, IACtHR, Series A No. 18, 16/09/2003

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

B.B. v. the United Kingdom, ECtHR, 53760/00, 10/02/2004 [GC]
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2002

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

Beck, Copp and Bazeley v. the United Kingdom, ECtHR, 48535/99, 48536/99, 48537/99, 22/10/2002
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2002

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

Fretté v. France, ECtHR, 36515/97, 26/02/2002
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2002

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