Fretté v. France, ECtHR, 36515/97, 26/02/2002
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2002

Article 8 (Respect for private life) and Article 6 (Fair hearing) - Refusal of application for prior approval as a prospective adopter presented by an unmarried homosexual man, on the ground of his “choice of lifestyle”: no violation - Failure to summon to appear at hearing before Conseil d’Etat an unrepresented plaintiff who had no opportunity of seeing the submissions of commissaire du Gouvernement: violation

Dissenting / Concurring: Costa, Jungwiert, Traja / Bratza, Fuhrmann, Tulkens

I. v. United Kingdom, ECtHR, 25680/94, 11/07/2002 [GC]
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2002

Whether the lack of legal recognition of the gender change as a postoperative transsexual amounted to a violation of the right to respect for private and family life under Article 8 - Whether the right to marry and found a family under Article 12 had been violated by the refusal to give legal recognition to the change of gender as a postoperative transsexual

Dissenting / Concurring: Fischbach / Türmen / Greve

Perkins and R. v. the United Kingdom, ECtHR, 43208/98, 44875/98, 22/10/2002
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2002

The applicants complain under Article 8, alone and in conjunction with Article 14 of the Convention, in relation to the investigation into a most intimate part of their private lives (including, in the second applicant’s case, the search and confiscation of her personal belongings) and in relation to their subsequent discharge from the armed forces pursuant to the absolute policy against homosexuals in the armed forces

Ignaccolo-Zenide v. Romania, ECtHR, 31679/96, 25/01/2000
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2000

Article 8 (Respect for family life) - Adequacy of measures taken by authorities to enforce court decisions ordering return of children to their mother

Dissenting / Concurring: R. Maruste, A. Diculescu-Şova

Smith and Grady v. the United Kingdom, ECtHR, 33985/96, 33986/96, 27/09/1999
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1999

Article 8 (Respect for private life) Article 14 (Discrimination) - Discharge from army due to implementation of policy against participation of homosexual in armed forces - Discharge from army due to implementation of policy against participation of homosexual in armed forces

Dissenting / Concurring: Loucaides

Sheffield and Horsham v. the United Kingdom, ECtHR, 22985/93, 23390/94, 30/07/1998 [GC]
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1998

Article 8 (right to respect for private and family life) – Request of amendment of birth certificates following  gender reassignment by two transgender men – No violation

Dissenting / Concurring: De Meyer, Valticos, Morenilla / Freeland / Bernhardt, Thór Vilhjálmsson, Spielmann, Palm, Wildhaber, Makarczyk, Voicu / Casadevall / van Dijk / Wildhaber

X, Y and Z v. the United Kingdom, ECtHR, 21830/93, 22/04/1997 [GC]
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1997

Article 8 (Positive obligations and Respect for family life) - Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor

Dissenting / Concurring: Pettiti / De Meyer / Casadevall, Russo, Makarczyk / Thór Vilhjálmsson / Foighel / Gotchev

Aydın v. Turkey, ECtHR, 23178/94, 25/09/1997 [GC]
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1995

Detention, rape, and torture of a woman by the Turkish security forces during a counter-terrorism operation – Violation of Article 3 (prohibition of torture), Article 5 (right to liberty and security), and Article 13 (right to an effective remedy)

Dissenting / Concurring: Matscher / Pettiti / Gölcüklü, Matscher, Pettiti, De Meyer, Lopes Rocha, Makarczyk, Gotchev / Gölcüklü,Pettiti, De Meyer, Lopes Rocha, Gotchev / Gölcüklü / De Meyer

Kroon and Others v. the Netherlands, ECtHR, 18535/91, 27/10/1994
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1994

Legal impossibility for married woman to deny her husband's paternity of her child and thereby enable recognition by biological father - Violation of Article 8

Dissenting / Concurring: J.M. Morenilla, G. Mifsud Bonnici