Fedotova and Others v. Russia, ECtHR, 40792/10, 30538/14, 43439/10, 17/01/2023 [GC]
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2023

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

Gauvin-Fournis and Silliau v. France, ECtHR, 21424/16, 45728/17, 07/09/2023
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2023

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

Lapunov v. Russia, ECtHR, 28834/19, 12/9/2023
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2023

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

M.L. v. Poland, ECtHR, 40119/21, 14/12/2023
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2023

Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court, resulting in the applicant travelling abroad for termination - Impugned proceedings directly decisive for applicant’s Art 8 rights - Lack of required foreseeability depriving applicant of the proper safeguards against arbitrariness

Dissenting / Concurring: Krzysztof Wojtyczek, Péter Paczolay / Ivana Jelić, Gilberto Felici, Erik Wennerström

Maymulakhin and Markiv v. Ukraine, ECtHR, 75135/14, 01/06/2023
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2023

Article 14 (+ Article 8) (Discrimination/Private and family life) - Absence of any form of legal recognition and protection for a same-sex couple - Unjustified difference in treatment of a same-sex couple vis-à-vis different-sex couples on the basis of sexual orientation

O.H. and G.H. v. Germany, ECtHR, 53568/18, 54941/18, 04/04/2023
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2023

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 the gender change - 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

Przybyszewska and Others v. Poland, ECtHR, 11454/17 + other 9, 12/12/2023
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2023

Article 8( Positive obligations) - Absence of any form of legal recognition and protection for same-sex couples - Respondent State’s failure to comply with positive obligation to ensure legal recognition and protection of such couples through specific legal framework

Dissenting / Concurring: Wojtyczek

Semenya v. Switzerland, ECtHR, 10934/21, 11/07/2023
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2023

South African intersex female professional athlete excluded from competing in female athletic events due to her naturally elevated testosterone levels following the Court of Arbitration for Sport’s ruling on her infringement of the Worlds Athletics’ Differences of Sex Development Regulations providing for either the suppression of testosterone levels or the exclusion from the category – Violation of the right to non-discrimination in conjunction with the right to respect for private life, and the right to an effective remedy

Dissenting / Concurring: Pavli / Serghides / Grozev, Roosma, Ktistakis

Valaitis v. Lithuania, ECtHR, 39375/19, 17/01/2023
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2023

Article 13 - Discontinuation of investigation into homophobic comments on the Internet not disclosing any prejudicial attitude by the authorities taking account of the Court’s case-law – Wide-ranging and multifaceted domestic measures combatting hate speech in response to Court judgment in Beizaras and Levickas

Dissenting / Concurring: Krenc

Vučković v. Croatia, ECtHR, 15798/20, 12/12/2023
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2023

Article 3 and Article 8 (Positive obligations) - Commutation of a ten-month prison sentence imposed on applicant’s co-worker to community service, after he had been convicted of sexual violence against her - Domestic court’s commutation of sentence without careful scrutiny of all relevant considerations

X v. the Czech Republic, ECtHR, 64886/19, 30/03/2023
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2023

Article 8 (Positive obligations/Family life) - Reasoned decision enforcing return order of applicant’s child to the USA under the Hague Convention in compliance with Article 8 procedural requirements and with child’s best interests being primary consideration

Y v. France, ECtHR, 76888/17, 31/01/2023
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2023

Article 8 (Positive obligations) - Refusal by national authorities to include the words “neutral” or “intersex” on the birth certificate of an intersex person instead of “male” - Choice of society at the discretion of the respondent State to determine the pace and extent to which requests from intersex persons in matters of civil status should be met, taking into account their difficult situation

Dissenting / Concurring: Kateřina Šimáčková/Mārtiņš Mits

A and Others v. Iceland, ECtHR, 25133/20, 31856/20, 15/11/2022
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2022

Decision depriving parents of custody of their children due to inability to properly care for them and children’s wishes to remain in foster care, within State’s margin of appreciation - No violation

A.D. and Others v. Georgia, ECtHR, 57864/17, 1/12/2022
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2022

Article 8 (Positive obligations/Private life) - Transgender men unable to obtain legal recognition of their gender without having undergone medical procedures to change their sex characteristics, due to imprecision of legal framework - Domestic authorities’ failure to provide quick, transparent and accessible procedures for legal gender recognition