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
Contents for term
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
The applicants alleged in particular that, following amendments to the legislative framework in 2020, they have effectively been banned from having access to legal abortion in the case of foetal abnormalities - inadmissible
General legal prohibition on posthumous assisted reproduction within the national territory and on export of gametes and embryos for that purpose to Spain, where the practice is permitted - No violation
Dissenting / Concurring: Georges Ravarani
Article 14 taken in conjunction with Article 3 - The alleged lack of an appropriate procedural response by the domestic authorities in connection with acts of homophobic violence against the applicant, who is a prominent figure in the local LGBTI community -
Article 8 (Positive obligations/Private and family life) - Absence of any form of legal recognition and protection for same‑sex couples
Refusal to register details of foreign birth certificate establishing legal relationship between child born through surrogacy arrangement abroad and her biological father, without considering alternative solution - Violation of Article 8
Dissenting / Concurring: Krzysztof Wojtyczek
Art 8 (Positive obligations/Private and family life) - Absence of any form of legal recognition and protection for same-sex couples _ Confirmation of positive obligation to provide legal framework affording such couples adequate recognition and protection
Dissenting / Concurring: Pavli, Motoc / Wojtyczek / Poláčková / Lobov
Article 8 (Family life) - Domestic courts’ order for return of child from Cyprus to the USA under the Hague Convention following removal by its mother, the applicant - No violation
Refusal to allow persons born through medically assisted reproduction involving a third-party donor to access information about that donor, under the rule guaranteeing anonymity in gamete donations - No violation
Dissenting / Concurring: Georges Ravarani, Stéphanie Mourou-Vikström, Mykola Gnatovsky
Article 8 (Respect for family life/Respect for private life) - Absence of any form of legal recognition and protection of same-sex couples
Dissenting / Concurring: Pavli
A Moroccan intersex individual challenged their expulsion from France to Morocco, citing health risks and dangers due to their gender identity - The Court declared the application inadmissible, as the applicant had not exhausted domestic legal remedies
Article 3 (substantive and procedural) and Article 14 (+ Article 3) (Discrimination) - Abduction, detention and torture of applicant by State agents in Chechnya on account of his sexual orientation - Abduction, detention and torture of applicant triggered by homophobic motives which were not investigated
A former orthodox metropolitan challenging his conviction for incitement to hatred and discrimination under Greek law – The conviction stemmed from public statements he made, encouraging violence and exclusion against the LGBTQ+ community