The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Contents for term
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Rape and forced abortion by inhuman treatment of women and girls in the context of the extrajudicial execution of 251 members of the Las Dos Erres community by the Guatemalan armed forces - Ineffective investigations - Violation of the right to dignity and of the duty to investigate, prevent and punish acts of violence against women
Judge Rapporteur: Sexual violence, forced abortion, ill-treatment discrimination against women, intersectionality
Dissenting / Concurring: Cadena Rámila
Article 8 (Positive obligations) - Flawed implementation of domestic criminal-law mechanisms in respect of applicant’s allegations of physical violence by private individuals
Dissenting / Concurring: Spielmann
Sexual violence criminal offence - Reliability of statements made by the victim of sexual violence - Wearing jeans-type trousers, which do not hinder touching of intimate parts, cannot affect the victim's trustworthiness
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Sexual acts with a minor - The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Crimes against sexual freedom - Performance of sexual acts with a minor younger than fourteen - Ignorance regarding the age of the injured party
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Gang rape – Applicabilty of the extenuating circumstance regarding minor offences referred to in the last paragraph of Article 609-bis of the Italian Criminal Code
Violent attacks, humiliation, physical and psychological abuse, denial of medical care and isolation of 135 female prison inmates - Violation of the right to personal liberty, to humane treatment, to judicial protection, to a fair trial, and violation of the duty to prevent, investigate and punish violence against women
Dissenting / Concurring: Cançado Trindade / García Ramirez
Extrajudicial killing of four men, including two minors - Violation of the right to life, to humane treatment, to personal liberty, to a fair trial, to judicial protection, and, as regards the two minors, the rights of the child - Court's order to make institutional and social reforms, including designing a public awareness campaign to protect children from violence and creating mechanisms to ensure due process in cases of child executions
Dissenting / Concurring: Cançado Trindade
Gang rape criminal offence – Applicabilty of the extenuating circumstance regarding minor offences
Poor conditions in a detention centre for young people with fires killing nine detainees and injuring many - Violation of the right to judicial protection and to humane treatment given the atmosphere of violence, danger, abuse and mistrust - Violation of the right to life in combination with children's rights in failing to preventing the fire
Dissenting / Concurring: Cançado Trindade
Rape and ill-treatment of twenty girls and young women in the context of the massacre of 268 people, mainly indigenous Mayans, as part of genocidal counter-insurgence state policy against indigenous people – Denial of justice, intimidation and discrimination to the detriment of the survivors and the next of kin of the victims
Dissenting / Concurring: García Ramírez / Cançado Trinidade
Article 3 (Positive obligations) and Article 8 (Positive obligations) - Adequacy of protection provided by Bulgarian law for victim of alleged rape - Bulgarian law provided insufficient protection to victim of an alleged act of rape
Dissenting / Concurring: Tulkens
Reducing someone to a ‘condition similar to slavery’ is an offence - Slavery, trafficking in persons and coercion - Prostitution under systematic violence and segregation
Gang rape criminal offence - Failure to apply the extenuating circumstance regarding minor offences - Alleged violation of the principle of equality and the re-educative function of punishment
Repeated rape and torture of a woman detained on suspicion of participating in alleged terrorist group –Violation of the right to personal liberty, to humane treatment, to non-discrimination and to a fair trial
Dissenting / Concurring: Montiel Argüllo / Cançado Trinidade, Jackman
Detention, rape, and torture of a woman by the Turkish security forces during a counter-terrorism operation – Violation of Article 3 (prohibition of torture), Article 5 (right to liberty and security), and Article 13 (right to an effective remedy)
Dissenting / Concurring: Matscher / Pettiti / Gölcüklü, Matscher, Pettiti, De Meyer, Lopes Rocha, Makarczyk, Gotchev / Gölcüklü,Pettiti, De Meyer, Lopes Rocha, Gotchev / Gölcüklü / De Meyer