Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - abuse of mental inferiority conditions
Contents for term
Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - abuse of mental inferiority conditions
Sexual violence and sexual acts with a minor – Regarding child sexual assault, the second interview of the offended parties must be limited to exceptional cases
The investigation carried out by the Belgian authorities after the applicant had lodged a criminal complaint alleging rape and indecent assault - A violation of the procedural aspect of Article 3 (prohibition of inhuman and degrading treatment)
Execution, torture and sexual assault of, inter alia, young girls, including minors, by police officers during a drug raid, with removal of corpses and obstruction of proper investigation – Violation of the rights to judicial protection, to physical, mental, and moral integrity, to move freely within a state and to a hearing within reasonable time by a competent and independent tribunal
Sexual violence committed also in cases where it takes place between spouses – Family abuse committed in cases of deprivation of financial means
Sexual violence committed even when someone uses violence or threats to force a prostitute to engage in non-consensual sexual intercourse - Irrelevance of the circumstance that the victim engages in prostitution as the right to respect for sexual freedom is independent of personal conditions and qualities
Prosecutability ex officio – Sexual violence criminal offence and persecutory acts - Convicted and attempted sexual assault and stalking of wife would be prosecutable ex officio if there is a Police Commissioner's warning
Article 4 (Trafficking in human beings) - Shortcomings in response to criminal complaint of human-trafficking
Kiss on the cheek does not violate the sexual freedom of the victim – Commission of the offence of private violence
Sexual violence criminal offence and persecutory acts - The change of lifestyle is a necessary behavior to which the victim of persecution resorts in order to try to escape from persecution
Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) – Unlawful dismissal of the applicant from her public sector job due to her political affiliations – Insufficiently justified dismissal disproportionately interfering with her rights
Dissenting / Concurring: Kjølbro
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - The applicant complained of excessive police force during her arrest at a protest - The obligation of authorities to ensure the protection of individuals’ rights during peaceful demonstrations
Dissenting / Concurring: Kjølbro / Sajo, Keller, Kuris.
The applicant alleged that she had been a victim of a breach of Articles 3 and 8 of the Convention on account of the State’s failure to conduct a proper investigation into her allegation of rape committed against her - The applicant also complained that there had not been any effective remedies available to her as required by Article 13 of the Convention in respect of the above breaches.
Article 8 (Respect for home) - Lack of appropriate legal framework to protect occupant of flat from harassment by co-owners
Article 3 (Procedual) - The applicant alleged that the trial concerning her rape had been unduly long and had not been conducted with the required diligence
Article 3 - The applicant alleged that the criminal proceedings concerning her rape had been unduly long and had not been conducted with the required diligence
Article 3 (Expulsion) - Proposed deportation of young Somali woman to Mogadishu (Somalia) - Deportation would not constitute a violation
Feminicide of a young woman including sexual violence - Unjustified wait to report the disappearance to the police and for the police to take formal notice – Violation of state obligation to prevent, punish and eradicate violence against women under the Belém do Pará Convention – Violation of the rights to life, to humane treatment, to a fair trial, to privacy and to judicial protection
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Caldas
Article 3 - The applicant alleged that the criminal proceedings concerning the sexual assaults against her had been unreasonably delayed, lacked impartiality, and exposed her to several traumatic experiences violating her personal integrity
Dissenting / Concurring: Yudkivska
Sexual violence criminal offence – Ban on the extenuating circumstance regarding minor offences referred to in the third paragraph of Article 609-bis of the Italian Criminal Code (sexual violence)