Article 8 - Non-recognition of parental link with non-biological child born abroad via surrogacy, while preserving bond through foster care: “family life” applicable

Article 3 and Article 11 (+ Article 14) - State’s failure to take operational preventive measures to protect applicants from homophobic and/or transphobic violence, conduct an effective investigation and ensure LGBT rally proceeded peacefully - Indications of official acquiescence, connivance and active participation in individual acts motivated by prejudice

Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model

Article 14 (+ Article3) (Discrimination and Degrading treatment) - Abusive police conduct during search of premises of an LGBT NGO motivated by homophobic and/or transphobic hatred - Wilful humiliation and debasement with the use of hate speech and insults

Article 3 - Expulsion - Insufficient assessment of risk of and availability of State protection against ill-treatment on grounds of sexual orientation by non-State actors in the Gambia

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

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

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