Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Contents for term
Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts
Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis
Sexual violence and criminal offences against sexual freedom – Gang rape
Violation of Article 3 and Article 8 - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts
Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)
Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da
Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg
Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse – Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl – Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the
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
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
Violation of the right to free legal assistance due to the state's failure to ensure it to the applicant serving a sentence of thirty years imprisonment for the offence of rape
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Arbitrary arrest, rape and verbal abuse of a gay, currently trans, man by police officers during detention because of her sexual orientation – Discriminatory torture on the basis of sexual orientation – Violation of the rights to personal liberty, personal integrity, privacy, judicial guarantees and the judicial protection
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
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
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority
Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid
Judge Rapporteur: M. Safjan
Forced taking of the so-called ‘date rape drug’ - Sexual violence aggravated by the abuse of the victim's impaired psychophysical condition due to drug use
State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months