K.H. and Others v. Slovakia, ECtHR, 32881/04, 28/04/2009
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2009

Former patients prevented from photocopying their medical records - Applicants’ inability to effectively present their case due to authorities’ refusal to grant them access to decisive evidence - Violation of Article 8 (Respect for family life/Respect for private life) and 6 (Access to court)

Dissenting / Concurring: Ján Šikuta

Schlumpf v. Switzerland, ECtHR, 29002/06, 08/01/2009
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2009

Article 6 (Fair hearing/Public hearing) Article 8 (Respect for family life/Respect for private life) - Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation and lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation - Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation

Dissenting / Concurring: Vajić, Jebens

Zaunegger v. Germany, ECtHR, 22028/04, 03/12/2009
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2009

Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody

Dissenting / Concurring: Bertram Schmitt

E.B. v. France, ECtHR, 43546/02, 22/1/2008 [GC]
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2008

Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orien

Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens

Moretti and Benedetti v. Italy, ECtHR, 16318/07, 27/04/2010
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2008

Failure to examine request for adoption by foster parents before declaring child free for adoption - Violation of Article 8 (Positive obligations/Respect for family life)

Bączkowski and Others v. Poland, ECtHR, 1543/06, 03/05/2007
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2007

Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views

L. v. Lithuania, ECtHR, 27527/03, 11/09/2007
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2007

Article 8 (Respect for family life/Respect for private life) Article 41 (Just satisfaction) - Failure to introduce implementing legislation to enable a transsexual to undergo gender-reassignment surgery and change his gender identification in official documents: violation - Just satisfaction in respect of State’s failure to enact implementing legislation

Dissenting / Concurring: Elisabet Fura-Sandström, Dragoljub Popović