Total removal of applicant’s access rights on account of his attempts to transmit his religious beliefs to his child - Violation of Article 14
Contents for term
Total removal of applicant’s access rights on account of his attempts to transmit his religious beliefs to his child - Violation of Article 14
Mother in a same-sex relationship denied custody of her children – Violation of the right to privacy under Article 11(2) of the American Convention – The right to privacy includes the protection of intimate relationships
Dissenting / Concurring: Pérez Pérez
Article 14 (Discrimination) - Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute
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
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
Unjustified refusal to recognise the adoption of an adult by his uncle, a monk - Violation of Article 8
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
Article 14 (Discrimination) - Differences in procedural requirements for early release depending on length of sentence
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
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
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
Impossibility to challenge in court the legal presumption of paternity - Impossibility of introducing an action for disavowal of paternity - Article 14 taken in conjunction with Articles 6 and 8
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
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
Parental rights after divorce refused the mother in view of her membership of the Jehovah's Witnesses - Violation of Article 8 taken in conjunction with Article 14
Dissenting / Concurring: F. Matscher, B. Walsh, N. Valticos, G. Mifsud Bonnici
Article 8 (right to private life) - A mentally handicapped girl was raped but had no legal capacity to appeal against the prosecution’s decision not to press charges