Art 8 • Positive obligations • Failure to protect a fourteen-year-old girl from sexual abuse • Domestic legal framework, as applied by the domestic authorities, did not afford effective protection
Contents for term
Art 8 • Positive obligations • Failure to protect a fourteen-year-old girl from sexual abuse • Domestic legal framework, as applied by the domestic authorities, did not afford effective protection
Art 3 and Art 8 (substantive and procedural) Respondent State having failed to effectively apply a criminal system capable of punishing non-consensual sexual acts by minors - Art 14 (+ Art 3 and Art 8) “Secondary victimisation” of one of the minors due to her exposure by the national authorities to guilt-inducing, moralising remarks conveying sexist stereotypes
Art 5 (Deprivation of liberty) - Imposition of a security measure of continued detention on the applicant on mental health grounds fell short of guarantees against arbitrariness
Art. 2 - Failure of the national authorities to fulfil their positive obligation to protect the applicant's life from violence by her partner - Acts qualified as violence against women - Lack of sufficient coordination between the various services and shortcomings in the applicable domestic law
Dissenting / Concurring: Von Werdt, Mourou-Vikstrom / Felici, Šimackova / Elosegui
Art 8 • Family life • Decision to grant final adoption order in respect of a child already subject to a placement order, against the wishes of his mother, who has a history of mental health support needs, formally severing the biological ties and creating legal ties with the adoptive family
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