Article 3 (lack of effective investigation) and Article 8 (right to respect for private and family life) - Failures in the investigation - Prejudicial gender stereotypes and victim-blaming attitudes
Contents for term
Article 3 (lack of effective investigation) and Article 8 (right to respect for private and family life) - Failures in the investigation - Prejudicial gender stereotypes and victim-blaming attitudes
Transgender individuals complained about the lack of a regulatory framework in Hungary for the legal recognition of their gender identity - Inadmissible - their requests had eventually been granted in 2018, and the waiting period did not constitute an unreasonable delay under Article 8 (right to private life).
Violation of Article 8 and Article 14(+ Article 8) - Disproportionate dismissal of teacher in relation to photos posted on her private social media profile - Difference in treatment based solely on considerations of sexual orientation without particularly convincing and weighty reasons
Violation of Article 3 and Article 8 + Article 14 (Positive obligations, Effective investigation, and Discrimination on the basis of sexual orientation) - Failure to adequately protect the applicant from a homophobic attack by ensuring the effective prosecution of the perpetrator and prosecuting the attack as a hate-motivated offence
Article 8 - General and absolute criminalisation of the purchase of sexual acts as part of a comprehensive legislative framework to combat prostitution and human trafficking
Art 8 (Positive obligations/Private life) - Inadequate criminal legal framework, at the material time, not affording the applicant protection against acts of online harassment committed by her former intimate partner consisting of the non-consensual public dissemination of intimate photographs of her - Failure to conduct prompt and thorough criminal investigation
Violation of Article 8 (positive obligations and private life) - Inability of the applicant, who was adopted as a child, to obtain information concerning her biological origins and health information about her biological parents - Failure to strike a balance between the competing interests at stake
Muslim girls were prohibited from wearing the Islamic veil in their schools, with the exception of non-denominational religious and ethics classes by the school regulations - inadmissible (manifestly ill-founded)
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
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
Violation of Article 8 (Family life) - Termination of custody and foster care agreement of transgender person in respect of two minors on account of his diagnosis of “transsexualism” and change of gender identity
Dissenting / Concurring: Georgios A. Serghides
Art 10 (Positive obligations/Freedom of expression) - Authorities’ years-long failure to secure safe and uninterrupted conduct of annual international LGBT film festival organised by the applicant company - Failure to take comprehensive action and to implement dissuasive measures concerning repeated telephone bomb threats and other false security alarms on film screening days
Article 8 (Family life) - Return of a child to his father in Japan ordered by the French courts under the Hague Convention - Existence of an adversarial and fair procedure
Violation of Article 8 (Private life) - Refusal to allow transgender person to continue hormone therapy in prison - Applicant particularly vulnerable as an imprisoned transgender person undergoing a gender reassignment procedure, thus requiring enhanced protection from the authorities
Dissenting / Concurring: Krzysztof Wojtyczek
Article 3 and Article 8 (Positive obligations) - Failure of investigative and judicial authorities to adequately respond to rape allegations and submit the case to the careful scrutiny required - Adequate legal and regulatory domestic framework not applied in practice as investigation ineffective
Art 3 and Art 8 (Positive obligations) - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts
The revision of the judgement, which was originally decided in 2020 - The applicant had failed to inform the ECtHR at the time of his success in obtaining legal gender recognition from another Bulgarian court and, therefore, retroactively found the case to be inadmissible
Dissenting / Concurring: Kateřina Šimáčková
Art 14 (+ Art 8) Discrimination on the ground of sexual orientation/Private life - Domestic authorities’ failure to comply with positive obligation to respond adequately to homophobic motivated physical threats and verbal assault by a politician against three of the applicants at a rally
Violation of Article 3 and Article 8 - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts
Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after gender reassignment - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child