Sexual Orientation

A transexual prostitute was arrested for disrupting traffic in order to find a client! Violation of the right to liberty

JUDGMENT DUĞAN v. TÜRKİYE 07.02.2023 (app. no. 84543/17) see here SUMMARY The application concerns the applicant’s being taken to a police station for disrupting traffic. The applicant alleged that this infringed her right to liberty and her right not to be discriminated against, respectively under Articles 5 and 14 of the Convention. She maintained that there was […]

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Refusal by the Russian authorities to ensure legal recognition and protection of same-sex couples. Violation of private and family life

GRAND CHAMBER JUDGEMENT Fedotova and others v. Russia 17.01.2023 (app. nos. 40792/10, 30538/14 and 43439/14)  see here SUMMARY The six applicants formed three same-sex couples. On various dates they gave notice of marriage to their local departments of the Register Office. The applicants alleged that they were unable to have their respective relationships recognized and […]

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Homophobic attack by a man against a woman who revealed that she was a lesbian. Imposition of a penalty of 40 euros against him! Condemnation and violation of the ECHR for ineffective punishment!

JUDGMENT Sabalić v. Croatia 14.01.2021 (app. no. 50231/13) see here SUMMARY The case concerned Ms Sabalić’s allegation that the authorities’ response to a violent homophobic attack against her had been inadequate. She had been attacked in a nightclub when she had refused a man’s advances, disclosing to him that she was a lesbian. The Court […]

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The deportation of a homosexual to Gambia without assessing the dangers he faced because of his sexual orientation in that country constitutes degrading treatment

JUDGMENT
B. and C. v. Switzerland 17.11.2020 (app. no. 43987/16 and  889/19)
Same-sex couple. One of the two partners was in danger of returning to Gambia after his partner’s application was rejected by the Swiss authorities for family reunification. He claimed that he was in danger of being mistreated if he returned.

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Ineffective criminal protection of homosexuals against hate speech on facebook violates their right to privacy

JUDGMENT Beizaras and Levickas v. Lithuania 14.01.2020 (no. 41288/15) see here SUMMARY The case raised questions about the State’s responsibility to protect individuals from homophobic hate speech. The applicants are two young men who are in a relationship. One of the applicants posted a photograph of them kissing on his Facebook page, which led to […]

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παιδί

Refusal to grant a delegation of parental custody within a female couple did not disclose any difference of treatment on grounds of sexual orientation

JUDGMENT  Bonnaud and Lecoq v. France 01.03.2018 (no. 6190/11) see here   SUMMARY  Assisted reproduction and homosexual couples. Annulment of the decision providing joint parental responsibility for the biological children of each of the applicants. No violation of the right to respect for privacy or the prohibition of discrimination. PROVISIONS Article 8 Article 14 PRINCIPAL FACTS  The applicants, Francine […]

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ομοφυλόφιλοι

Paternity leave for homosexual couples

JUDGMENT  Hallier and others v. France 18.01.2018 (no. 46386/10) see here SUMMARY  The case concerns the refusal to grant a paternity leave to the partner of the mother. The applicant relied on Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life). However, the Court held that […]

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ομοφυλόφιλοι

The legal prohibition on heterosexual couples to enter into registered partnership does not violate the right to personal and family life

JUDGMENT  Ratzenböck and Seydl v. Austria 26-10-2017 (no. 28475/12) see here  SUMMARY  Lack of possibility for heterosexual couples to enter into a registered partnership. The Austrian registered partnership  is an alternative to marriage only for same-sex couples. The applicants, as a heterosexual couple, had access to marriage in an institution that satisfied the need for […]

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ECHRCaseLaw
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