Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
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Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts
Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis
Sexual violence and criminal offences against sexual freedom – Gang rape
Non-consensual termination of pregnancy, proof of abortion intention – Threats aiming at inducing the offended person to have an abortion - Private violence and personal injuries
Disciplinary dismissal for carrying out acts unequivocally likely to cause the termination of his partner’s pregnancy
Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Judge Rapporteur: N. Piçarra
Violation of Article 2 (procedural) - Lack of effective investigation into the alleged suicide of the applicant’s daughter in a domestic violence context - Investigative authority’s non-compliance with requirement to display particular diligence and vigour when investigating a case involving violence against women could be read as sheer unwillingness to establish the truth
Aggravated abuse criminal offence - Women reporting violence with a clear intent to manipulate the legal system
Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)
Protection of women against all forms of violence – Family abuse - Repeated behaviour aimed at physically or psychologically damaging the dignity and identity of the offended person by restricting her self-determination
Protection of victims of domestic and gender-based violence - Suspended sentence granted to the defendant on account of his participation in specific rehabilitation programmes at qualified institutions or associations
Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da
Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg
Provisional measures - Context of systemic violations of human rights including aggressions, harassment, threats and arbitrary detentions of journalists - Violence and exposure to risk of irreparable damage for women exacerbated by gender stereotypes and prejudices
Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health
Dissenting / Concurring: Sierra Porto / Pérez Goldberg
Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse
State's failure to conduct effective investigations into the murder of a sex-worker and trans woman because of her gender identity and expression – Ineffective investigation into gender-based violence relying on prejudices against the trans community amounts to a violation of the right to freedom of expression
Dissenting / Concurring: Odio Benito, Pazmiño Freire, Vio Grossi
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
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
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority