National Youth Council of Moldova v. the Republic of Moldova, ECtHR, 15379/13, 25/06/2024
 | 
2024

Violation of Article 10 (Freedom of expression) - Refusal by local authorities to authorise the display of an anti-discrimination illustration on advertising billboards for depicting persons with disabilities and Roma in an undignified and humiliating manner

María et al. v. Argentina, IACtHR, Series C No. 494, 22/08/2023

Pregnant adolescent encouraged to give her unborn child up for adoption by health professionals on the basis of gendered stereotypes concerning her unsuitability to find a partner to form a family should the child be kept by her – Authorization to adopt the baby signed by the mother without any assisting lawyer in a document directed to the Provincial Direction for the Promotion of the Rights of the Child, Adolescent and the Family – Violation of the rights to equality, family life, judicial guarantees, judicial protection, physical integrity, live free from violence, and the rights of

Semenya v. Switzerland, ECtHR, 10934/21, 11/07/2023
 | 
2023

South African intersex female professional athlete excluded from competing in female athletic events due to her naturally elevated testosterone levels following the Court of Arbitration for Sport’s ruling on her infringement of the Worlds Athletics’ Differences of Sex Development Regulations providing for either the suppression of testosterone levels or the exclusion from the category – Violation of the right to non-discrimination in conjunction with the right to respect for private life, and the right to an effective remedy

Dissenting / Concurring: Pavli / Serghides / Grozev, Roosma, Ktistakis

Angulo Losada v. Bolivia, IACtHR, Series C No. 475, 18/11/2022

Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse  –  Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl  –  Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the

Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021

Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geogr

Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique

Workers of the Fireworks Factory in Santo Antônio de Jesus and Their Families v. Brazil, IACtHR, Series C No. 407, 15/07/2020

Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general

Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality

Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire

Hacienda Brasil Verde Workers v. Brazil, IACtHR, Series C No. 318, 20/10/2016

Recruitment of hundreds of female and male workers from low-income communities to work in a privately-owned cattle ranch with the promise of good salaries followed by forced labor and servitude, inhumane working and deplorable living conditions, including withholding of wages, threats and violence under the constant vigilance by armed guards - Violation of the right to freedom from slavery and trafficking, to judicial protection, and to effective remedy 

Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto

I.V. v. Bolivia, IACtHR, Series C No. 329, 30/11/2016
COURT: 
 | 
2016

Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family

Dissenting / Concurring: Ferrer Mac-Gregor Poisot

I.G. and Others v. Slovakia, ECtHR, 15966/04, 13/11/2012
 | 
2012

Violation of Article 3 (treatment and investigation) and Article 8 - The case concerned three women of Roma origin who complained in particular that they had been sterilised without their full and informed consent, that the authorities’ ensuing investigation into their sterilisation had not been thorough, fair or effective and that their ethnic origin had played a decisive role in their sterilisation

N.B. v. Slovakia, ECtHR, 29518/10, 12/06/2012
 | 
2012

The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8

V.C. v. SLOVAKIA, ECtHR, 18968/07, 8/11/2011
 | 
2011

The allegation of a Slovak woman of Roma ethnic origin that she had
been the victim of forced sterilisation - A violation of Article 3 (prohibition of inhuman or degrading treatment) - A violation of Article 8 (right to respect for private and family life)

Dissenting / Concurring: Ljiljana Mijović

Fernández Ortega and Others v. Mexico, IACtHR, Series C No. 215, 30/08/2010

Torture and rape of an indigenous woman by military personnel - State's failure to comply with due diligence to investigate and punish the perpetrators - Ineffective investigations - Violation of the right to personal integrity, dignity, to private life, to judicial protection and to an effective remedy

Dissenting / Concurring: Espinosa

Rosendo Cantú and Others v. Mexico, IACtHR, Series C No. 216, 31/08/2010

Rape of an indigenous girl by members of the army - Ineffective investigations - State's failure to prevent, investigate and punish violence against women – Violation of the obligation of non-discrimination in accessing justice

Dissenting / Concurring: Abreu Blondet / Espinosa

Las Dos Erres Massacre v. Guatemala, IACtHR, Series C No. 211, 24/11/2009

Rape and forced abortion by inhuman treatment of women and girls in the context of the extrajudicial execution of 251 members of the Las Dos Erres community by the Guatemalan armed forces - Ineffective investigations - Violation of the right to dignity and of the duty to investigate, prevent and punish acts of violence against women

Judge Rapporteur: Sexual violence, forced abortion, ill-treatment discrimination against women, intersectionality

Dissenting / Concurring: Cadena Rámila

Yean and Bosico Children v. the Dominican Republic, IACtHR, Series C No. 130, 8/09/2005

Refusal to provide copies of birth certificates requested by two girls born in the Dominican Republic to Dominican mothers by local officials as part of a deliberate policy to deny documents to Dominicans of Haitian descent, resulting in the girls being refused their nationality, not being able to go to school, and facing other serious problems – Violation of the right to equality and non-discrimination, to protection measures, to nationality, to having a legal status and a name, and to be part of a political community

Judge Rapporteur: Discrimination against women, girls, birth certificate, intersectionality

Dissenting / Concurring: Cançado Trinidade

Palau-Martinez v. France, ECtHR, 64927/01, 16/12/2003
 | 
2003

Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness -  The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion

Dissenting / Concurring: W. Thomassen