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
Contents for term
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
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
Article 10 (Freedom of expression) - Temporary suspension of children’s fairy tale book depicting same-sex relationships and its subsequent labelling as harmful to children under the age of 14
Dissenting / Concurring: Yudkivska, Lubarda, Guerra Martins, Zünd, Kūris
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
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
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
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
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
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