List of LGBT-related cases before international courts and quasi-judicial bodies
This list contains cases of the European Commission of Human Rights, European Court of Human Rights (ECtHR), Inter-American Court of Human Rights, Inter-American Commission on Human Rights, Court of Justice of the European Union (CJEU), European Committee of Social Rights (ECSR) and United Nations Human Rights Committee (UN HRC) related to LGBTQ people. According to one study of the European human rights system, recognition of an LGBT right by the ECtHR increased the likelihood that other countries in the Council of Europe would adopt the LGBT right as policy.[1]
Council of Europe
[edit]European Commission of Human Rights
[edit]This table is for cases heard only by the European Commission of Human Rights, a human rights body of the Council of Europe disbanded in 1998. Cases heard by the commission and subsequently the European Court of Human Rights are listed in the next table. Both the commission and the court interpret the European Convention on Human Rights.
Date of ruling | Case | Notes | Outcome |
---|---|---|---|
1955 | W. B. v. Germany (no. 104/55) | Criminalization of sex between men | Inadmissible |
1975, September | X. v. Germany (5935/72) | Criminalization of sex between men[2] | Inadmissible |
1977, December | X. v. Germany (no. 6699/74) | Gender reassignment and its consequences | Friendly settlement |
1982, May | X. Ltd. and Y. v. United Kingdom (no. 8710/79) | Freedom of assembly, expression and association | Inadmissible |
1983, May | X. and Y. v. United Kingdom (9369/81) | Deportation of one member of a same-sex couple | Inadmissible |
1983, October | B. v. United Kingdom (9237/81) | Criminalization of homosexual acts between soldiers | Inadmissible |
1986, May | S. v. United Kingdom (11716/85) | Right to remain in a tenancy after partner's death | Inadmissible |
1986, July | Johnson v. United Kingdom | Criminalization of homosexual sex parties | Inadmissible |
1987, July | W. J. and D. P. v. United Kingdom | Deportation of one member of a same-sex couple | Inadmissible |
1988, March | F v. Switzerland (no. 11680/85) | Criminalization or detention | Inadmissible |
1988, May | Morissens v. Belgium (no. 11389/85) | Freedom of assembly, expression and association | Inadmissible |
1988, December | James v. United Kingdom (no. 10622/83) | Gender reassignment and its consequences | No violation |
1989, March | W. v. United Kingdom (no. 11095/84) | Gender reassignment and its consequences | No violation |
1989, October | C. and L. M. v. United Kingdom (no. 14753/89) | Residence permits, asylum and extradition | Inadmissible |
1989, November | Eriksson and Goldschmidt v. Sweden (no. 14573/89) | Refusal of marriage of transgender woman to another woman | Inadmissible |
1990 | Z.B. v. United Kingdom (16106/90) | Residence permits, asylum and extradition | Inadmissible |
1992 | Kerkhoven and Hinke v. Netherlands (15666/89) | Refusal of second parent adoption to a lesbian couple | Inadmissible |
1992 | Zukrigl v. Austria (17279/90) | Age of consent | Inadmissible |
1995 | Wilde, Greenhalgh and Parry v. United Kingdom (22382/93) | Age of consent | Struck out due to change in UK law |
1995 | H.F. v. Austria (22646/93) | Age of consent | Inadmissible |
1996 | Röösli v. Germany (28318/95) | Housing tenure, social and employer's benefits | Inadmissible |
1997 | Marangos v. Cyprus (31106/96) | Criminalization of sex between men | Violation of article 8 based on the court's finding in Modinos v. Cyprus |
1997 | L.F. v. Ireland (28154/95) | Gender reassignment and its consequences | Inadmissible |
1997 | X.,Y. and Z. v. United Kingdom | Gender reassignment and its consequences | None |
1997 | Roetzheim v. Germany | Gender reassignment and its consequences | Inadmissible |
1998 | Sobhani v. Sweden (No. 32999/96) | Residence permits, asylum and extradition | Struck out |
1998 | Kara v. United Kingdom | Dress code | Inadmissible |
European Court of Human Rights
[edit]A 2021 examination of the ECtHR's rulings on people seeking asylum on the grounds of their sexual orientation between 1990 and 2019 found that of 23 cases, 20 were declared inadmissible, 2 were denied, and one violation was found. This does not count cases that were struck out.[3]
Concluded cases
[edit]Date of ruling | Case | Notes | Articles violated |
---|---|---|---|
1978, October | X. v. United Kingdom (7215/75) | Age of consent | None |
1980, November | Van Oosterwijck v. Belgium (7654/76) | Gender reassignment and its consequences | 8 (family and private life) |
1981, October | Dudgeon v. United Kingdom (no. 7525/76) | Criminalization | 8 |
1986, October | Rees v. United Kingdom (9532/81) | Gender reassignment and its consequences | None |
1988, May | Müller and Others v. Switzerland (no. 10737/84) | Freedom of assembly, expression and association | None |
1988, October | Norris v. Ireland (no. 10581/83) | Criminalization | 8 |
1990 | Cossey v. United Kingdom | Refusal of marriage between transgender woman and a man | 8 and 12 (right to marry) |
1992 | B. v. France | Gender reassignment and its consequences | 8 |
1992 | Scherer v. Switzerland | Criminal conviction for private screenings of homosexual pornography | Struck out |
1993 | Modinos v. Cyprus (no. 15070/89) | Criminalization of sex between men | 8[4] |
1996, November | Wingrove v. United Kingdom (17419/90) | Freedom of assembly, expression and association | None |
1997, January | Laskey, Jaggard and Brown v. United Kingdom (nos. 21627/93, 21826/93 and 21974/93) | Criminalization of sadomasochistic homosexual sex occasioning actual bodily harm | None |
1998 | Sheffield and Horsham v. the United Kingdom | Gender reassignment and its consequences | None |
1999, September | Smith and Grady v. United Kingdom (nos. 33985/96, 33986/96), joined with Lustig-Prean and Beckett v United Kingdom (nos. 31417/96, 32377/96) | Dismissal of homosexual personnel from military service | 8 |
1999, December | Salgueiro da Silva Mouta v. Portugal (no. 33290/96) | Adoption, parental rights and obligations | 14 in conjunction with 8[5] |
2000, March | Craig v. United Kingdom (no. 45396/99) | Adoption, parental rights and obligations | Inadmissible |
2000, July | A.D.T. v. United Kingdom | Criminalization of group sex between men | 8 |
2001, March | Sutherland v. United Kingdom | Age of consent | Struck out due to change in the law |
2001, May | Mata Estevez v. Spain (no. 56501/00) | Housing tenure, social and employer's benefits | Inadmissible |
2001 | Morris v. United Kingdom | Age of consent | Struck out due to change in the law |
2002, February | Fretté v. France (no 36515/97) | Adoption, parental rights and obligations | 6 |
2002, July | Christine Goodwin v. United Kingdom (no 28957/95) | Gender reassignment and its consequences | 8 and 12 |
2002 | I. v. United Kingdom | Gender reassignment and its consequences | 8 and 12 |
2002 | Tosto v. Italy | Blood donation | Struck out |
2002, October | Beck, Copp and Bazeley v. the United Kingdom (nos. 48535/99, 48536/99, 48537/99) | Military service | 8 and 13 |
2002, October | Perkins and R. v. the United Kingdom (nos. 43208/98, 44875/98) | Military service | 8 |
2003, January | S. L. v. Austria (no. 45330/99) | Age of consent | 14 in conjunction with 8 |
2003, January | L. and V. v. Austria (nos. 39392/98, 39829/98) | Age of consent | 14 in conjunction with 8 |
2003 July | Karner v. Austria (no. 40016/98) | Housing tenure, social and employer's benefits | 14 in conjunction with 8 |
2003 | Van Kück v. Germany | Gender reassignment and its consequences | 6 and 8 |
2003 | Brown v. United Kingdom | Military service | Struck out |
2004, February | B.B. v. United Kingdom (no. 53760/00) | Age of consent | 14 in conjunction with 8 |
2004 | F. v. United Kingdom (17341/03) | Residence permits, asylum and extradition | Inadmissible |
2004 | Woditschka and Wilfling v. Austria | Age of consent | 14 in conjunction with 8 |
2004 | I. I. N. v. The Netherlands (2035/04) | Residence permits, asylum and extradition | Inadmissible |
2005 | Ladner v. Austria | Age of consent | 14 in conjunction with 8 |
2005 | Wolfmeyer v. Austria | Age of consent | 14 in conjunction with 8 |
2005 | H. G. and G. B. v. Austria | Age of consent | |
2006 | Grant v. United Kingdom | Gender reassignment and its consequences | |
2006 | R.H. v. Austria | Age of consent | |
2006 | Parry v. United Kingdom | Gender reassignment and its consequences | |
2006 | R. and F. v. United Kingdom | Gender reassignment and its consequences | |
2007 | Bączkowski and Others v. Poland (no. 1543/06) | Ban of a gay pride parade in Warsaw | 11 (freedom of assembly and association), 13 and 14 |
2007 | L. v. Lithuania | Gender reassignment and its consequences | 8 |
2008, January | E.B. v. France (no. 43546/02) | Adoption, parental rights and obligations | |
2008 | Courten v. United Kingdom | Housing tenure, social and employer's benefits | |
2008, December | Stavros Marangos v. Cyprus (no. 12846/05) | Military service | |
2009 | Schlumpf v. Switzerland | Gender reassignment and its consequences | |
2009, June | Small v. the United Kingdom (no. 7330/06) | Age of consent | |
2009, June | Hunt and Miller v. the United Kingdom (nos. 10578/05 and 10605/05) | Military service | |
2009 | M.W. v. United Kingdom | Housing tenure, social and employer's benefits | |
2010, March | Kozak v. Poland (no. 13102/02) | Housing tenure, social and employer's benefits | |
24 June 2010 | Schalk and Kopf v. Austria (no. 30141/04) | Registration of partnership | None |
2010, July | P.B. and J.S. v. Austria (no. 18984/02) | Housing tenure, social and employer's benefits | |
2010, September | J. M. v. The United Kingdom (no. 37060/06) | Adoption, parental rights and obligations | |
2010, September | dos Santos Couto v. Portugal (no. 31874/07)[6] | Age of consent | |
2010, October | Alekseyev v. Russia[7] (no. 4916/07, 25924/08, 14599/09) | Freedom of assembly, expression and association | |
2010, November | P. V. v. Spain (no. 35159/09) | Gender reassignment and its consequences | |
2011, February | R.A. v. France (no. 49718/09)[8] | Residence permits, asylum and extradition | |
2011, May | D.B.N. v. United Kingdom (26550/10)[9] | ||
2011, October | Stasi v. France (no. 25001/07)[10] | Violence and lack of investigation thereof | None |
2011, September | P. v. Portugal (no. 56027/09)[11] | Gender reassignment and its consequences | |
2012, February | Vejdeland and others v. Sweden | Conviction for distributing anti-gay leaflets at a school | None[12] |
2012, March | Gas and Dubois v. France (no. 25951/07) | Adoption, parental rights and obligations | |
2012, July | A. S. B. v. the Netherlands[13] | Residence permits, asylum and extradition | |
2012, June | Genderdoc-M. v. Moldova (no. 9106/06) | Freedom of assembly, expression and association | |
2012, June | K.N. v. France 47129/09[14] | ||
2012, July | A. K. v. Poland (no. 7705/05)[15] | Gender reassignment and its consequences | |
2012, | Zontul v. Greece[16] | ||
2012, October | Molnar v. Romania (no. 16637/06).[17] | Freedom of assembly, expression and association | |
2012, October | X. v. Turkey (no. 24626/09) | Extended solitary confinement of a homosexual detainee | 14 in conjunction with 3 |
2012, November and 2014, July |
H. v. Finland Hämäläinen v. Finland (no. 37359/09) |
Gender reassignment and its consequences | |
2013, January | Eweida and Others v. United Kingdom (nos. 48420/10, 59842/10, 51671/10 and 36516/10)[18] (see Ladele v London Borough of Islington and McFarlane v Relate Avon Ltd) |
Personal refusal of services | |
2013, February | X and Others v. Austria[19] | Adoption, parental rights and obligations | 14 in conjunction with 8 |
2013, June | M.K.N. v. Sweden[20] | Residence permits, asylum and extradition | |
2013, July | Cassar v. Malta (no. 36982/11)[21][22] | Gender reassignment and its consequences | |
2013, November | E.B. and Others v. Austria (no. 48098/07)[23] | Age of consent | 14 in conjunction with 8, 13 |
2013, October | Georgescu v. Romania (no. 4867/03)[24] | Inadmissible | |
7 November 2013 | Vallianatos and Others v. Greece (nos. 29381/09, 32684/09)[25] | Registration of partnership | 14 in conjunction with 8 |
2014, March | F. J. and E.B. against Austria[26] | ||
2014, April | Mladina d.d. Ljubljana v Slovenia[27] | ||
2014, April and 2015, April |
M. E. v. Sweden[28] | Residence permits, asylum and extradition | |
2015, January | Kostadinov v. Bulgaria[29] (no. 37124/10) | 6 | |
2015, March | Y.Y. v. Turkey[30] (no. 14793/08) | Gender reassignment and its consequences | |
2015, May | Identoba and Others v. Georgia[31] | Freedom of assembly, expression and association | |
2015, July | Oliari and Others v. Italy[32] | Registration of partnership | 8 |
2015, September | A.E. v. Finland (no. 30953/11[33]) | Residence permits, asylum and extradition | |
2016, February | Pajić v. Croatia[34] | Residence permits, asylum and extradition | |
2016, March | Novruk and Other v. Russia[35] | Residence permits, asylum and extradition | |
2016, April | M.C. and A.C. v Romania (no. 12060/12[36]) | Failure to adequately investigate homophobic attack on participants in pride parade | 3 in conjunction with 14 |
2016, 19 April | A. N. v. France[37] | Residence permits, asylum and extradition | |
2016, June | Chapin and Charpentier v. France[38] | Registration of partnership | |
2016, June | Aldeguer Tomás v. Spain[39] | Housing tenure, social and employer's benefits | |
2016, June | Taddeucci and McCall v. Italy[40] | Residence permits, asylum and extradition | |
2016, 5 July | O.M. v. Hungary (no. 9912/15) | Residence permits, asylum and extradition | |
2016, November | Kaos GL v. Turkey[41] | Confiscation of a gay and lesbian magazine | 10 |
2016, 13 December | M.B. v. Spain (no. 15109/15) | Residence permits, asylum and extradition | |
2017, 3 January | H.A. and H.A. v. Norway (no. 56167/16) | Residence permits, asylum and extradition | |
2017, February | Yefremenkova and Others v. Russia (no. 19700/11) & Nepomnyashchiy v. Russia (no. 51169/10)[42] | Freedom of assembly, expression and association | |
2017, 25 April | A.T. v. Sweden (no. 78791/14) | Residence permits, asylum and extradition | |
2017, April | A. P., Garçon and Nicot v. France (nos. 79885/12, 52471/13 and 52596/13)[43] | Gender reassignment and its consequences | |
2017, June | Bayev and Others v. Russia (nos. 67667/09, 44092/12 and 56717/12)[44] | Freedom of assembly, expression and association | |
2017, 26 September | E.S. v. Spain (no. 13273/16) | Residence permits, asylum and extradition | |
2017, December | Francesca Orlandi and Others v. Italy (no. 26431/12)[45] | Registration of partnership | |
2017, 28 November | M.B. v. Netherlands (no. 63890/16) | Residence permits, asylum and extradition | |
2017, 19 December | I.K. v. Switzerland (no. 21417/17) | Residence permits, asylum and extradition | |
2018, January | Hallier and Lucas v. France (no. 46386/10) | Adoption, parental rights and obligations[46] | |
2018, February | Bonnaud and Lecoq v. France (no. 6190/11)[47] | Adoption, parental rights and obligations | |
2018, 27 March | M.T. v. France (no. 61145/16) | Residence permits, asylum and extradition | Struck out |
2018, 2 October | Khudoberdi Turgunaliyevich Nurmatov v. Russia (no. 56368/17) | Residence permits, asylum and extradition | |
2018, November | Alekseyev and Others v. Russia (nos. 14988/09 and others)[48] | Freedom of assembly, expression and association | |
2019, 17 January | A.R.B. v. Netherlands (no. 8108/18) | Residence permits, asylum and extradition | |
2019, July | Zhdanov and Others v. Russia (nos. 12200/08, 35949/11, 58282/12)[49] | Freedom of assembly, expression and association | |
2019, 12 November | S.A.C. v. United Kingdom (no. 31428/18) | Residence permits, asylum and extradition | |
2020, January | Beizaras and Levickas v. Lithuania No. 41288/15[50] | Failure to investigate threatening comments posted on Facebook[51] | 14 in conjunction with 8, 13 |
2020, June | Lilliendahl v. Iceland (29297/18) | The applicant was fined for homophobic hate speech[52] | None |
2020, 6 July | Rana v. Hungary (no. 40888/17) | Residence permits, asylum and extradition; Gender reassignment and its consequences | |
2020, 9 July | Y.T. v. Bulgaria (41701/16)[53][54] | Refusal of legal gender reassignment | 8 |
2020, October | Aghdgomelashvili and Japaridze v. Georgia (no. 7224/11)[55] | Police raid on an LGBT organization | 11, 14 in conjunction with 3[56][57] |
2020, 13 October | Sozayev and Others v. Russia (nos. 67685/14 & 35199/15)[58] | Freedom of assembly, expression and association | |
2020, 17 November | B and C v. Switzerland (nos. 889/19 and 43987/16)[59] | Residence permits, asylum and extradition | 3 |
2020, December | Berkman v. Russia (no. 46712/15)[60] | Freedom of assembly, expression and association | |
2021, January | Sabalić v. Croatia (no. 50231/13)[61] | Inadequate response to a violent homophobic attack by a private party on the applicant | Procedural aspect of 3 in conjunction with 14 |
2021, January | X v. Romania and Y v. Romania (nos. 2145/16 and 20607/16)[62] | Gender reassignment and its consequences | |
2021, 23 March | R.Y. v. Russia (no. 21977/20[63] | Residence permits, asylum and extradition | Struck out |
2021, July | A.M. and Others v. Russia (no. 47220/19[64] | Gender reassignment and its consequences; parental rights and obligations | |
2021, July | Fedotova and Others v. Russia (no. 2064/10[65] | Registration of partnership | 8 |
2021, September | X. v. Poland (20741/10) | Refused custody of her child due to her sexual orientation[66][67] | 14 in conjunction with 8 |
2022, May | M. v. France (42821/18)[68] | Intersex normalization surgery performed on a child[69] | Inadmissible[70] |
2023, March | Macatė v. Lithuania (61435/19) | Restrictions on an LGBT-themed children's book had no legitimate purpose[71] | 10 § 2 |
2023, May | Buhuceanu and Others v. Romania | Recognition of same-sex relationships[72] | 8 |
2023, June | Maymulakhin and Markiv v. Ukraine | Recognition of same-sex relationship[73] | 8 and 14 |
2023, June | Lenis v. Greece | Extreme homophobic speech not protected by freedom of expression[74] | Inadmissible |
2023, September | Lapunov v. Russia (28834/19) | The court ruled that Lapunov was wrongfully detained and tortured by agents of the Russian state during the anti-gay purges in Chechnya based solely on his sexual orientation[75][76] | 3, 5, and 14 |
2023, September | Koilova and Babulkova v. Bulgaria | Registration of partnership | 8[77] |
2023, December | Przybyszewska and Others v. Poland (11454/17, 11810/17, 15273/17, 16898/17, 24231/17, 24351/17, 25891/17, 25904/17, 30128/18, 30340/18) | Registration of partnership[78] | 8 |
ILGA-Europe maintains a list of recently concluded ECtHR cases and their execution status.[79]
Pending cases
[edit]Case | Topic |
---|---|
Đorđević and others v. Serbia (5591/10) and three other applications | Ban of pride parade |
Y.P. v. Russia (8650/12) | Legal gender recognition |
Formela v Poland (58828/12, 40795/17, 55306/18, 55321/18) | Registration of partnership[78] |
Oganezova v. Armenia (71367/12 and 72961/12) | Failure to investigate arson attack on LGBT club |
Iachimovschi v. Moldova and 5 other applications (Nos. 21029/13, 40620/14, 23914/15, 26806/15, 32617/16 and 49542/16) | Anti-LGBT violence by private individuals |
Dietz and Suttasom v. Austria (no. 31185/13) | Registration of partnership |
R.L. v. Russia and P.O. v. Russia (36253/13 and 52516/13) | Legal gender recognition |
Szypuła v Poland, Urbanik and Alonso Rodriguez v Poland (78030/14 and 23669/16) | Refusal to issue marriage eligibility documents |
Grochulski v Poland (131/15) | Non-registered partnership rights[80] |
A.D.-K. and Others v. Poland (30806/15) | Refusal to issue birth certificate |
Schlittner-Hay v. Poland (56846/15 and 56849/15) | Refusal of Polish citizenship to two children born through surrogacy, whose biological father is a Polish citizen |
Minasyan and others v. Armenia (59180/15) | Newspaper publications with discriminatory language and incitement to discrimination, which has no redress under Armenian law |
Koutra and Katzaki v. Greece (459/16) | Detention and mistreatment of transgender sex workers and their lawyer |
X. v. Russia (60796/16) | Refusal of name change to a transgender individual |
Solmaz v. Turkey (49373/17) | Alleged discrimination based on gender identity |
A.D. v. Georgia and A.K. v. Georgia (57864/17 and 79087/17) | Recognition of gender transition |
Y v. France (76888/17) | Non-binary gender recognition for an intersex person |
A. v. Azerbaijan (17184/18), 18 other applications | Arbitrary arrest, ill-treatment, and forced medical examinations of LGBT people in Baku |
Starska v. Poland (18822/18) | Right to change surname |
O.H. and G.H. v. Germany (53568/18 and 54741/18) | Transgender parenthood |
Meszkes v Poland (11560/19) | Registration of partnership, inheritance rights[78] |
Lee v. UK (18860/19) | Personal refusal of services |
Buhuceanu and Ciobotaru v. Romania (No. 20081/19) | Registration of partnership[78] |
Handzlik-Rosuł and Rosuł v Poland (45301/19) | Same-sex marriage contracted abroad |
V.D. v. Russia (57893/19) | Extradition and non-refoulement |
S.K.K. and A.C.G. v. Romania (5926/20) | Registration of partnership |
A. H. and others v. Germany (7246/20) | Transgender parenthood |
Andersen v. Poland (53662/20) | Registration of marriage performed abroad[81] |
European Committee of Social Rights
[edit]The European Committee of Social Rights issues judgements based on the European Social Charter, a Council of Europe treaty.
Date of ruling | Case | Topic | |
---|---|---|---|
2009 | INTERIGHTS v. Croatia (45/2007)[82] |
European Union
[edit]All European Union member states are also members of the Council of Europe and subject to the ECtHR.
Court of Justice of the European Union
[edit]Date of ruling | Case | Topic |
---|---|---|
1996 | C-13/94 P. v. S and Cornwall County Council[83] | Gender reassignment and its consequences |
1998 | C-249/96 Grant v. South West Trains Ltd. | Housing tenure, social and employer's benefits |
2001 | C-125/99 D. v. Council | Housing tenure, social and employer's benefits |
2004 | C-117/01 K.B. v. NHS Pensions Agency | Gender reassignment and its consequences |
2006 | C-423/04 Richards v. Secretary of State for Work and Pensions | Gender reassignment and its consequences |
2008 | C-267/06 Maruko v. VddB | Housing tenure, social and employer's benefits |
2010 | W. v. Commission | |
2011 | C-147/08 Römer v. City of Hamburg | Housing tenure, social and employer's benefits |
2012 | C-124/11 (Dittrich), C-125/11 (Klinke) and C143/11 (Müller) | Housing tenure, social and employer's benefits |
2013, April | Asociatia Accept v Consiliul Naţional pentru Combaterea Discriminării (C-81/12) | Employment |
2013, November | Minister voor Immigratie en Asiel v X (C-199/12), Y (C-200/12), and Z v Minister voor Immigratie en Asiel (C-201/12)[84] |
Residence permits, asylum and extradition |
2013, December | Hay v Crédit agricole mutuel (C-267/12).[85] | Housing tenure, social and employer's benefits |
2014, December | A, B, C v Staatssecretaris van Veiligheid en Justitie (C-148/13, C-149/13, C-150/13)[86] | Residence permits, asylum and extradition |
2015, April | Léger v Ministre des Affaires sociales... (C-528/13)[87] | Blood donation |
2018, January | F. v Bevándorlási és Állampolgársági Hivatal (C-473/16)[88] | Residence permits, asylum and extradition |
2018, June | Coman and Others v Inspectoratul General pentru Imigrӑri and Others (C-673/16)[89] | Residence permits, asylum and extradition |
2020, April | NH v Associazione Avvocatura per i diritti LGBTI – Rete Lenford (C-507/18)[90] | Employment |
2021, December | V.M.A. v Stolichna Obsthina, Rayon 'Pancharevo' (C-490/20) | Citizenship[91] |
Organization of American States
[edit]Inter-American Commission on Human Rights
[edit]Date of ruling | Case | Topic |
---|---|---|
1999, May | Álvarez Giraldo v. Colombia[92] | |
2010, September | Atala Riffo and Daughters v. Chile[93] | Denial of child custody to a lesbian mother |
2013, November | Flor Freire v. Ecuador[94] | Discharge from duty of a military person accused of engaging in homosexual conduct |
2014, April | Duque v. Colombia[95] | Housing tenure, social and employer's benefits |
2020, December | Gareth Henry and Simone Carline Edwards v. Jamaica[96] | Criminalization of homosexual sex |
Inter-American Court of Human Rights
[edit]Date of ruling | Case | Topic |
---|---|---|
2012, February | Atala Riffo and Daughters v. Chile[97] | Denial of child custody to a lesbian mother |
2016, February | Duque v. Colombia[98] | Housing tenure, social and employer's benefits |
2016, August | Flor Freire v. Ecuador[99] | Discharge from duty of a military person accused of engaging in homosexual conduct |
2017, November | Advisory Opinion OC-24/17 November 24, 2017 | Legalisation of same-sex marriage |
United Nations
[edit]United Nations Human Rights Committee
[edit]The United Nations Human Rights Committee oversees the International Covenant on Civil and Political Rights.
Date of ruling | Case | Topic |
---|---|---|
1985 | Hertzberg et al. v. Finland (61/1979) | Freedom of assembly, expression and association |
1994 | Toonen v. Australia (488/1992) | Criminalization or detention |
2002 | Joslin v. New Zealand (902/1999) | Registration of partnership |
2003 | Young v. Australia (941/2000) | Housing tenure, social and employer's benefits |
2005 | X. v. Colombia[100] | |
2012 | Fedotova v. Russia[101] | Freedom of assembly, expression and association |
2014 | Praded v. Belarus (2029/2011) | Freedom of assembly, expression and association |
2016 | Androsenko v. Belarus (2092/2011) | Freedom of assembly, expression and association |
2017 | G. v. Australia (2172/2012)[102] | Gender reassignment and its consequences |
2017 | C. v. Australia (2216/2012)[103] | Prohibition of access to divorce proceedings for same-sex couples married abroad |
2018 | Kirill Nepomnyashchiy v. Russia (2318/2013)[104] | Freedom of assembly, expression and association |
Ongoing | Alekseyev v. Russia, No. 1873/2009 |
See also
[edit]References
[edit]- ^ Helfer, Laurence R.; Voeten, Erik (2014). "International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe". International Organization. 68 (1): 77–110. doi:10.1017/S0020818313000398. ISSN 0020-8183. S2CID 232254690.
- ^ "HUDOC - European Court of Human Rights".
- ^ Ferreira, Nuno (2021). "An exercise in detachment: the Council of Europe and sexual minority asylum claims". Queer Migration and Asylum in Europe. UCL Press. ISBN 978-1-78735-581-1.
- ^ Modinos v. Cyprus HUDOC
- ^ Salgueiro da Silva Mouta v. Portugal (no. 33290/96) HUDOC
- ^ "HUDOC - European Court of Human Rights".
- ^ Alekseyev v. Russia
- ^ ECtHR decision in the case no. 49718/09
- ^ Decision on the application no. 26550/10
- ^ Press release on ECtHR judgment in case no. 25001/07
- ^ ECtHR decision in the case no. 56027/09
- ^ Timmer, Alexandra (14 February 2012). "Anti-Gay Hate Speech: Vejdeland and Others v. Sweden". Strasbourg Observers. Retrieved 26 September 2021.
- ^ ECtHR decision on application no. 25951/07
- ^ ECtHR committee decision in case no. 47129/09(in French)
- ^ ECtHR decision in the case no. 7705/05
- ^ ECtHR judgment in case no. 12294/07(in French)
- ^ "HUDOC - European Court of Human Rights". hudoc.echr.coe.int. Retrieved 22 December 2022.
- ^ ECtHR Chamber judgment in cases nos. 48420/10, 59842/10, 51671/10 and 36516/10
- ^ ECtHR Grand Chamber 19.02.2013 judgment in case X and Others v. Austria (no. 19010/07))
- ^ ECtHR Chamber judgment in case no. 72413/10
- ^ Decision on application no. 36982/11
- ^ Transgender people to be awarded the right to marry 2013
- ^ ECtHR Chamber judgment on applications nos. 31913/07, 38357/07, 48098/07, 48777/07 and 48779/07
- ^ Decision in case No. 4867/03
- ^ ECtHR Grand Chamber judgment in cases nos. 29381/09 and 32684/09
- ^ Admissibility decision in cases nos. 2362/08 and 26271/08
- ^ ECtHR judgment in case no. 20981/10
- ^ ECtHR Chamber judgment in case no. 71398/12 + ECtHR Grand Chamber judgment in case no. 71398/12
- ^ "TONI KOSTADINOV v. BULGARIA - 37124/10 - Chamber Judgment (French Text) [2015] ECHR 83 (27 January 2015)".
- ^ "HUDOC - European Court of Human Rights".
- ^ ECtHR judgment in case no. 73235/12
- ^ ECtHR judgment in cases nos. 18766/11 and 36030/11
- ^ Decision in case No. 30953/11
- ^ ECtHR judgment in case no. 68453/13
- ^ ECtHR judgment in cases nos. 31039/11, 48511/11, 76810/12, 14618/13 and 13817/14
- ^ judgment on application no. 12060/12
- ^ ECtHR decision in case no. 12956/15
- ^ ECtHR judgment in case no. 40183/07(in French)
- ^ ECtHR judgment in case no. 35214/09
- ^ ECtHR judgment in case no. 51362/09(in French)
- ^ ECtHR judgment in case no. 4982/07(in French)
- ^ ECtHR judgment in cases nos. 19700/11, 51169/10 etc.
- ^ ECtHR judgment in cases nos. 79885/12, 52471/13 and 52596/13(in French)
- ^ ECtHR judgment in cases nos. 67667/09, 44092/12 and 56717/12
- ^ Judgment on applications 26431/12; 26742/12; 44057/12 and 60088/12
- ^ "Paternity leave for homosexual couples". ECHRCaseLaw. 29 August 2018. Retrieved 25 September 2021.
- ^ Decision on the application no. 6190/11
- ^ ECtHR judgment in cases nos. 14988/09 and others
- ^ ECtHR judgment
- ^ ECHR press release
- ^ "Beizaras and Levickas v. Lithuania: ILGA-Europe's work on a landmark European hate speech judgement | ILGA-Europe". www.ilga-europe.org. Retrieved 25 September 2021.
- ^ Fedele, Giulio (26 June 2020). "No Room for Homophobic Hate Speech Under the EHCR: Carl Jóhann Lilliendahl v. Iceland". Strasbourg Observers. Retrieved 26 September 2021.
- ^ "Third Party Intervention (Y.T. v. Bulgaria) by Transgender Europe" (PDF).
- ^ Y.T. v. Bulgaria – HUDOC
- ^ Judgment in case 7224/11
- ^ "Aghdgomelashvili and Japaridze v Georgia: a further step in the direction of Article 3's dignitarian promise?". Strasbourg Observers. 18 November 2020. Retrieved 25 September 2021.
- ^ "Georgian Gay-Rights Defenders Win Strasbourg Case". RadioFreeEurope/RadioLiberty. Retrieved 25 September 2021.
- ^ Judgment in cases Nos. 67685/14 & 35199/15
- ^ Judgment in cases Nos. 889/19 and 43987/16
- ^ Judgment in the case No. 46712/15
- ^ Judgment in the case no. 50231/13
- ^ Judgment in the cases nos. 2145/16 and 20607/16
- ^ Judgment in the case no. 21977/20
- ^ Judgment in the case no. 47220/19
- ^ Judgment in the case no. 2064/10
- ^ "HUDOC - European Court of Human Rights".
- ^ "European Court rules in favour of the best interest of the child in same-sex custody case | ILGA-Europe". www.ilga-europe.org. 16 September 2021. Retrieved 25 September 2021.
- ^ M. v. France HUDOC
- ^ "Medical "normalisation" of intersex persons: third-party intervention to the ECtHR in the case of M. v. France". Strasbourg Observers. 7 April 2021. Retrieved 25 September 2021.
- ^ "M. v. France: Recognising the existence of intersex persons, but not (yet) their bodily integrity". Strasbourg Observers. 14 February 2023. Retrieved 31 December 2023.
- ^ "LGBTI-related case assigned to the Grand Chamber of the European Court of Human Rights, the most important judicial formation of the court". Sexual Orientation and Gender Identity. Retrieved 22 September 2021.
- ^ "More protection than recognition for same-sex couples in Buhuceanu and Others v Romania". Strasbourg Observers. 30 May 2023. Retrieved 31 December 2023.
- ^ "Maymulakhin and Markiv v. Ukraine – A Case of Love Conquering All?". Strasbourg Observers. 4 July 2023. Retrieved 31 December 2023.
- ^ Mortier, Tobias (25 October 2023). "Lenis v. Greece: extreme homophobia not protected under freedom of expression". Strasbourg Observers. Retrieved 31 December 2023.
- ^ "Setting the Record Straight on Chechnya's Anti-Gay Purge | Human Rights Watch". 12 September 2023. Retrieved 31 December 2023.
- ^ "Gay man takes Russia to Europe's rights court over Chechnya LGBT+ attacks". Reuters. 24 May 2019. Retrieved 25 September 2021.
- ^ "Consolidating the Legal Recognition and Protection of Same-Sex Couples: Koilova and Babulkova v. Bulgaria". Strasbourg Observers. 7 November 2023. Retrieved 31 December 2023.
- ^ a b c d "Commissioner publishes observations on the absence of legal recognition of same-sex relationships in Poland". Commissioner for Human Rights. Retrieved 25 September 2021.
- ^ Strategic Litigation on Sexual Orientation, Gender Identity and Sex Characteristics: Inventory of Relevant Sogiesc Case-law and Pending Cases Before the Ecthr and Cjeu, October 2020
- ^ "Grochulski v. Poland". HUDOC. Retrieved 25 September 2021.
- ^ "Andersen v. Poland". European Court of Human Rights. Retrieved 15 October 2023.
- ^ "The European Social Charter". European Social Charter.
- ^ "The requested document does not exist. - EUR-Lex". eur-lex.europa.eu.
- ^ "CURIA - Documents". curia.europa.eu.
- ^ "CURIA - List of results". curia.europa.eu.
- ^ "PRESS RELEASE No 162/14" (PDF).
- ^ "PRESS RELEASE No 46/15" (PDF).
- ^ "Press release No. 08/18" (PDF).
- ^ "Press release No. 80/18" (PDF).
- ^ "CURIA - Documents". curia.europa.eu.
- ^ "Same-sex couple takes baby citizenship fight to top EU court". France 24. 9 February 2021. Retrieved 4 April 2021.
- ^ "Colombia 11.656". www.cidh.org.
- ^ "Atala Riffo and daughters v. Chile" (PDF). Archived from the original (PDF) on 28 February 2013.
- ^ "Flor Freire v. Ecuador" (PDF).
- ^ "Duque v. Colombia" (PDF).
- ^ "REPORT No. 400/20, CASE 13.637" (PDF).
- ^ IACourtHR judgment
- ^ IACourtHR judgment
- ^ Flor Freire v. Ecuador
- ^ HRC views on the communication No. 1361/2005 30 March 2007
- ^ HRC views on the communication No.1932/2010 19 November 2012
- ^ "Error" (PDF).
- ^ Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2216/2012 1 November 2017
- ^ Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2318/2013 23 August 2018
Literature
[edit]- Belavusau, Uladzislau (2020). "Legislative and Judicial Politics of LGBT Rights in the European Union". Oxford Research Encyclopedia of Politics. doi:10.1093/acrefore/9780190228637.013.1309. ISBN 978-0-19-022863-7.
- Cooper, Sarah Lucy (2011). "Marriage, Family, Discrimination & Contradiction: An Evaluation of the Legacy and Future of the European Court of Human Rights' Jurisprudence on LGBT Rights". German Law Journal. 12 (10): 1746–1763. doi:10.1017/S2071832200017545. ISSN 2071-8322. S2CID 151203522.
- D’Amico, Marilisa; Nardocci, Costanza (2016). "LGBT rights and the way forward: the evolution of the case law of the ECtHR in relation to transgender individuals' identity". ERA Forum. 17 (2): 191–202. doi:10.1007/s12027-016-0431-6. ISSN 1863-9038. S2CID 157348781.
- D'Amico, Marilisa; Nardocci, Costanza (2017). "Homosexuality and Human Rights After Oliari v. Italy". Same-Sex Relationships and Beyond: Gender Matters in the EU (3 ed.). Intersentia. pp. 163–178. ISBN 978-1-78068-495-6.
- Doty, Kathleen A. (2009). "From Frette to E.B.: The European Court of Human Rights on Gay and Lesbian Adoption". Law & Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues. 18: 121.
- Guerrero, Marion (2018). Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR (PhD thesis). European University Institute.
- Hodson, Loveday (2019). "Sexual orientation and the European Convention on Human Rights: What of the "L" in LGBT?". Journal of Lesbian Studies. 23 (3): 383–396. doi:10.1080/10894160.2019.1598208. hdl:2381/44134. PMID 30983527. S2CID 115202084.
- Hodson, Loveday (2012). "Ties That Bind: Towards a Child-Centred Approach to Lesbian, Gay, Bi-Sexual and Transgender Families under the ECHR*". The International Journal of Children's Rights. 20 (4): 501–522. doi:10.1163/157181812X634247. ISSN 1571-8182.
- Johnson, Paul (2013). Homosexuality and the European Court of Human Rights. Routledge. ISBN 978-1-136-21896-5.
- Shahid, Masuma (2019). "How Do European Courts Approach the Sensitive Topic of Same-Sex Marriage? An Analysis of the Case Law of the ECtHR and the CJEU in the 'Catch 22'-Field of Equal Marriage Rights". European Yearbook on Human Rights 2019. Intersentia. pp. 237–260. ISBN 978-1-78068-956-2.
- Gabriel N. Toggenburg “LGBT” go Luxembourg: on the stance of Lesbian Gay Bisexual and Transgender Rights before the European Court of Justice European Law Reporter 5/2008
- LGBTI Rights before the European Court of Human Rights: One Step at a Time FIDH 2014
- Frédéric Edel Case Law of the European Court of Human Rights relating to discrimination on grounds of sexual orientation or gender identity Council of Europe, 2015
- Tobler, Christa (2014). "Equality and Non-Discrimination under the ECHR and EU Law. A Comparison Focusing on Discrimination against LGBTI Persons'". Zeitschrift für ausländisches öffentliches Recht und Völkerrecht. 74 (3): 521–561. ISSN 0044-2348.
- Temperman, Jeroen (2021). "LGBT Rights as 'Rights of Others' in Extreme Speech Cases". Religious Speech, Hatred and LGBT Rights. Brill Nijhoff. ISBN 978-90-04-45886-4.
- Wintemute, Robert (2017). "European Law Against Discrimination on Grounds of Sexual Orientation". Same-Sex Relationships and Beyond: Gender Matters in the EU (3 ed.). Intersentia. pp. 179–204. ISBN 978-1-78068-495-6.
External links
[edit]- European Court of Human Rights non-binding factsheets, issued by its Press Unit:
- ECHR Sexual Orientation Blog by Prof. Paul Johnson (University of York)
- Going to Strasbourg by Prof Paul Johnson, which contains oral history interviews with applicants to the European Court of Human Rights