Barbosa de Souza and Others v. Brazil, IACtHR, Series C No. 435, 7/09/2021

Killing of a young African descent woman and impunity of the perpetrator due a broad application of the parliamentary immunity - Gender stereotypes employed by domestic authorities to the detriment of the victim - Violation of the right to equality before the law, to judicial protection, and to be free from discrimination

Bedoya Lima and Others v. Colombia, IACtHR, Series C No. 431, 26/08/2021

Verbal, physical and sexual violence committed against a female journalist in the context of a kidnapping by a paramilitary group - Violation of the right to judicial protection, to dignity, to freedom of thought and expression, to personal integrity, to equal protection before the law - Lack of due diligence due to discriminatory attitudes towards the victim in the course of the investigations

C-843/19, CJEU, 21/01/2021

Social policy, equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1), Voluntary early retirement, Early retirement pension, Requirement for the pension amount to be received to be at least as much as the legal minimum amount – Proportion of workers of each sex excluded from the benefit of early retirement, justification of a potential particular disadvantage to female workers

Judge Rapporteur: F. Biltgen

J.L. v. Italy, ECtHR, 5671/16, 27/05/2021
 | 
2021

Condemnation of national courts for upholding presumptions and stereotypes of female sexuality - Positive obligations - 'Secondary victimisation' of a survivor of sexual violence due to the blaming, moralising and stereotyped gendered motivations of the domestic decision

Dissenting / Concurring: Wojtyczek

Maidanik and Others v. Uruguay, IACtHR, Series C No. 444, 15/11/2021

Extrajudicial killing of two women and forced disappearance of two men - Ineffective investigations - Violation of the right to personal integrity and to judicial protection

Dissenting / Concurring: Sexual violence, discrimination against women, ineffective investigations, disappearance

Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021

Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geogr

Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique

OC-27/21, Right to Freedom of Association, Right to Collective Bargaining and Rights to Strike, and their Relation to Other Rights, with a Gender Perspective, IACtHR, 5/05/2021

Freedom of association as a general principle of international law with collective and individual connotations, protecting the right to form trade union organisations and the right of each person to determine without coercion whether or not to join the association - The right to collective barganing as an essential part of freedom of association with a gendered impact on labour rights, violence and discrimination in the workplace - Presence of gender roles and stereotypes, both in the public arena and in the private sector, standing as a barrier to the full exercise of women's labour rights

Guzmán Albarracín and Others v. Ecuador, IACtHR, Series C No. 405, 24/06/2020

Student repeatedly sexually abused by her public school's vice principal - Being pressured by the abuser to have an abortion, she committed suicide - Violation of the right to life, personal integrity, private life, dignity, education, health and to be free from gender violence and discrimination - State's obligation to adopt structural measures to address sexual violence in the school environment, including a policy to provide access to sex and reproductive education

Workers of the Fireworks Factory in Santo Antônio de Jesus and Their Families v. Brazil, IACtHR, Series C No. 407, 15/07/2020

Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general

Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality

Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire