Article 11 and Article 14 (+11) - Failure to ensure that public LGBTI awareness event proceeded peacefully - Passive police conduct and failure to restrain homophobic verbal attacks and physical pressure by counter-demonstrators
Contents for term
Article 11 and Article 14 (+11) - Failure to ensure that public LGBTI awareness event proceeded peacefully - Passive police conduct and failure to restrain homophobic verbal attacks and physical pressure by counter-demonstrators
Restriction on applicant’s contact rights based on his mental disorder, without assessing the latter’s impact on his caring skills or child’s safety - Violation of Article 14
Dissenting / Concurring: Stéphanie Mourou-Vikström, Georges Ravarani
The applicants, a married couple and their daughter born in Ukraine via gestational surrogacy, faced a refusal by the French Court of Appeal in 2017 to fully register the Ukrainian birth certificate, listing only the legal father-child relationship - The Court held that the intended mother could establish a legal relationship through adoption, not directly through the foreign birth certificate, in accordance with French law which does not permit gestational surrogacy - The Court found this approach did not violate the child's rights, as the adoption process provided an effective mechanism f
Article 8 (Respect for family life/Respect for private life) - Protracted non-recognition of legal parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s registered partner
Dismissal of an action challenging paternity on the grounds of the interests of the child, who had been recognised by the mother’s husband, without sufficient safeguards for the alleged biological father - Violation of Article 8
Article 10 (Freedom of expression) - Conviction for hate speech after posting offensive comments online about homosexuality
Article 14 in conjunction with Article 1 of Protocol No. 1 - The applicant, a widow, argued that the denial of her right to a survivor’s pension due to her husband’s lack of social security contributions violated her rights - The decision to deny her pension was discriminatory based on her husband's failure to meet contribution requirements
A lawfully settled non-Hungarian transgender person’s request for legal gender recognition, which was refused by the authorities due to a gap in the relevant legislation in force at the material time - By not giving the applicant access to the legal gender recognition procedure, a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life
Article 8 (Respect for family life) - Political interventions and procedural vagaries to impede court-ordered return of child unlawfully retained by other parent on respondent State’s territory
Article 4 (Positive obligations/Effective investigation/Trafficking in human beings) - Failure to hold effective investigation into allegation of human trafficking and exploitation of prostitution
Dissenting / Concurring: Turković / O’Leary, Ravarani / Pastor Vilanova / Serghides
Article 3 (procedural and substantive) - Ineffective investigation into arguable allegations of ill-treatment by police officers - Allegations not proved “beyond reasonable doubt”, partly due to investigation shortcomings
Article 8 (Positive obligations/Respect for private life) - Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery - Disruption of the fair balance between the general interest not clearly identified and the interests of the applicants
Drug addict mother on treatment disproportionately deprived of parental authority over her children who were not neglected or in danger, of which the two youngest placed in public care - Violation of Article 8
Article 11 (right to freedom of assembly), Article 13 (right to an effective remedy), Article 14 (right not to be discriminated against) - Repeated refusals to authorise gay-pride parades
The husband initiated proceedings under the Hague Convention for the minor’s return to Norway and obtained an order from the Latvian courts - The applicant claimed this decision violated their right to family life and was made through a flawed procedure - Violation of Article 6 with respect to the right to adversarial proceedings and equality of arms
The applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights - A violation of Article 3 (prohibition of inhuman or degrading treatment) and of Article 8 (right to respect for private and family life)
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - the applicant alleged that she was subjected to excessive use of force by the police during her arrest at a peaceful demonstration - The protection of peaceful demonstrators from disproportionate state actions
Pre-adoption foster placement of child despite father’s acquittal for domestic violence and his regained custody of the child’s elder brothers - Violation of Article 8
Article 8 (Respect for family life) - Long-term placement of applicants’ child in foster care and granting of limited contact rights - Authorities’ failure to consider possibility of family reunification in light of child’s best interests
The applicants complained that Lithuanian law dissuaded healthcare professionals from assisting in home births - No violation of Article 8
Dissenting / Concurring: Julia Laffranque