Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Contents for term
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Refusal to grant artificial insemination facilities to enable a serving prisoner to father a child - Violation of Article 8
Dissenting / Concurring: Luzius Wildhaber, Boštjan M. Zupančič, Karel Jungwiert, Alvina Gyulumyan, Egbert Myjer/Nicolas Bratza
Article 8 (Respect for private life) - Requirement of father’s consent for the continued storage and implantation of fertilised eggs
Dissenting / Concurring: Türmen, Tsatsa-Nikolovska, Spielmann, Ziemele
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
Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Refusal to perform a therapeutic abortion despite risks of serious deterioration of the mother’s eyesight - Violation of Article 8 (Respect for private life)
Mother living with her adopted daughter since the date of the foreign adoption order - Refusal to enforce a full adoption order by a foreign court in favour of a single woman - Refusal to recognise as valid in domestic law a full adoption order by a foreign court
Article 8 (Respect for family life) - No specific remedy for preventing or punishing child abduction from the territory of the respondent State, resulting in non-enforcement of custody award
Impossibility to challenge in court the legal presumption of paternity - Impossibility of introducing an action for disavowal of paternity - Article 14 taken in conjunction with Articles 6 and 8
Article 8 (Respect for private life) Article 6 (Fair hearing/Equality of arms) Article 7 (Nullum crimen sine lege) - Criminal conviction for certain sadomasochistic practices with others
Article 8 (Respect for private life) - Transsexual denied legal recognition of her gender change and refused retirement pension from the age applicable to other women
The applicant complained that, if expelled to Iran, he would face a real risk of treatment contrary to Article 3 of the Convention on account of his sexual orientation - Inadmissible
Article 14 (Discrimination) - Discrimination between homosexual and heterosexual partners as regards transmission of tenancy rights on the death of one of the partners
Dissenting / Concurring: Grabenwarter
Article 14 (Discrimination) - Different age of consent for homosexual and heterosexual acts
Article 3 (Positive obligations) and Article 8 (Positive obligations) - Adequacy of protection provided by Bulgarian law for victim of alleged rape - Bulgarian law provided insufficient protection to victim of an alleged act of rape
Dissenting / Concurring: Tulkens
Refusal to divulge identity of biological parents - No violation
Dissenting / Concurring: L. Wildhaber, Nicolas Bratza, G. Bonello, L. Loucaides, I. Cabral Barreto, F. Tulkens, M. Pellonpää/Greve, Ress, Kuris, Rozakis
Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness - The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion
Dissenting / Concurring: W. Thomassen
Article 14 in conjunction with Article 8 - The applicant alleged discrimination on the grounds of sexual orientation and on the grounds of age, on the basis that the legislation set down different ages of consent for homosexual and heterosexual acts
Dissenting / Concurring: Lemmens, Vehabović, Bošnjak / Pinto de Albuquerque / Lemmens, Vehabović, Ranzoni, Bošnjak
Article 8, both alone and in conjunction with Article 14 - The applicants complained about both the intrusive investigations into their private lives and about their subsequent discharges from the armed forces pursuant to the absolute policy of the Ministry of Defence against homosexuals in the armed forces
Article 8 (Respect for private life) and Article 12 (Marry) - Absence of legal recognition of change of sex - Impossibility for transsexual to marry
Dissenting / Concurring: Fischbach / Türmen / Greve