Relying on Articles 8 and 14 of the Convention, the applicant complains that his sexual orientation as such constitutes an exclusion clause from blood donation, and considers that this constitutes discrimination against him
Contents for term
Relying on Articles 8 and 14 of the Convention, the applicant complains that his sexual orientation as such constitutes an exclusion clause from blood donation, and considers that this constitutes discrimination against him
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
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
Adequacy of measures taken by courts to establish paternity - Violation of Article 8
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
The applicant alleged a violation of Articles 8 and 14 of the Convention on account of his exclusion from blood donation based solely on his sexual orientation
Article 8 (respect for private life), Article 6 (civil proceedings and fair hearing) – Refusal to order private insurance company to reimburse costs of gender re-assignment surgery
Dissenting / Concurring: Ress / Cabral Barreto, Hedigan, Greve
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
Article 8 (Respect for private life) - Conviction for gross indecency involving several men in private
Article 8 (Respect for private life) - Dismissal of homosexuals from armed forces following intrusive questioning
Dissenting / Concurring: Loucaides
Refusal to grant custody to a parent living in a homosexual relationship - Violation of Article 8 and 14
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
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
Article 8 (Respect for private life) - Prosecution and conviction for sado-masochistic practices
Dissenting / Concurring: L.-E. Pettiti
Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor - No violation
Dissenting / Concurring: J. Casadevall, C. Russo, J. Makarczyk, Thór Vilhjálmsson, I. Foighel, D. Gotchev / L.-E. Pettiti, J. De Meyer
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
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
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
Parental rights after divorce refused the mother in view of her membership of the Jehovah's Witnesses - Violation of Article 8 taken in conjunction with Article 14
Dissenting / Concurring: F. Matscher, B. Walsh, N. Valticos, G. Mifsud Bonnici
Article 8 (Respect for private life) - Prohibition of homosexual relations in private between consenting adults
Dissenting / Concurring: G. Pikis/F. Matscher