Rights of LGBTI persons
All Updates
Cases selected for updating the Case-Law Guide.
Yevstifeyev v. Russia, nos. 226/18 and 3 others
Domestic authorities’ positive obligations regarding violent and threatening statements of a politician at a LGBTI Pride rally and a video allegedly containing negative stereotyping of the LGBTI community.
Judgment
R.F. and Others v. Germany, no. 46808/16
Refusal of the authorities to register the first applicant as the second biological (as opposed to adoptive) mother of a child conceived through IVF with her egg but carried to term by the second applicant.
Judgment
Hanovs v. Latvia, no. 40861/22
Hate-motivated verbal and physical assaults on a LGBTI couple due to their public expression of affection.
Judgment
W.W. v. Poland, no. 31842/20
Refusal to allow transgender person to continue prescribed hormone therapy after transfer in new prison.
Judgment | Legal Summary
Savinovskikh and Others v. Russia, no. 16206/19
Termination of custody and foster care agreement of a transgender person in respect of two minors on the ground of his being diagnosed with “transsexualism” and change of gender identity.
Judgment
A.K. v. Russia, no. 49014/16
Dismissal of a teacher owing to images of her appearing on social media which the school found to be “immoral.”
Judgment
Lapunov v. Russia, no. 28834/19
Abduction, detention and torture of applicant by State agents in Chechnya on account of his sexual orientation and no effective investigation into the matter.
Judgment | Legal Summary
Koilova and Babulkova v. Bulgaria, no. 40209/20
Absence of any form of legal recognition and protection of same-sex couples.
Judgment | Legal Summary
Semenya v. Switzerland, no. 10934/21 (pending before the GC)
Discrimination against a professional athlete who was required under non-State regulations to lower her natural testosterone level to compete in the women’s category in international competitions.
Judgment | Legal Summary
Lenis v. Greece (dec.), no. 47833/20
Conviction of a senior church official for an article published on his personal blog containing hate speech and incitement to violence targeting homosexuals.
Decision | Legal Summary
Nepomnyashchiy and Others v. Russia, nos. 39954/09 and 3465/17
Domestic authorities’ failure to respond adequately to homophobic statements made by state officials against members of the LGBTI community.
Judgment
Buhuceanu and Ciobotaru v. Romania, nos. 20081/19 and 20 others
Absence of any form of legal recognition and protection for same sex couples.
Judgment | Legal Summary
A.H. and Others v. Germany, no. 7246/20
Refusal to record a transgender parent as the mother of a child to whom she had not given birth.
Judgment | Legal Summary
O.H. and G.H. v. Germany, nos. 53568/18 and 54741/18
Refusal to allow a transgender parent who gave birth to a child to be recorded as the father.
Judgment | Legal Summary
C8 (Canal 8) v. France, nos. 58951/18 and 1308/19
Sanctions imposed on a TV channel on account of degrading and stigmatising sequences with regard to women and homosexual persons.
Judgment
Y v. France, no. 76888/17
Refusal to indicate "neutral" or "intersex" on an intersex person's birth certificate.
Judgment | Legal Summary
Macatė v. Lithuania [GC], no. 61435/19
Temporary suspension of children’s fairy tale book depicting same-sex relationships and its labelling as harmful to children under 14.
Judgment | Legal Summary
Fedotova and Others v. Russia [GC], no. 40792/10
Positive obligation to provide legal framework affording same-sex couples adequate recognition and protection.
Judgment | Legal Summary
A.D. and Others v. Georgia, nos. 57864/17 and 2 others
Imprecision of domestic legislation for gender changes in civil-status records.
Judgment | Legal Summary
D.B. and Others v. Switzerland, nos. 58817/15 and 58252/15
Protracted non-recognition of parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s partner.
Judgment | Legal Summary
Drelon v. France, nos. 3153/16 and 27758/18
Collection and retention by the blood donation service of personal data reflecting applicant’s presumed sexual orientation.
Judgment | Legal Summary
S.W. and Others v. Austria (dec.), no. 1928/19
Birth certificate of child of same-sex couple after second-parent adoption.
Decision
Stoyanova v. Bulgaria, no. 56070/18
Homophobic motives underlying a murder not constituting a statutory aggravating factor and having no measurable effect on sentencing.
Judgment | Legal Summary
Oganezova v. Armenia, nos. 71367/12 and 72961/12
Homophobic arson, attacks against a bar owner and activist and online hateful comments.
Judgment | Legal Summary
M v. France (dec.), no. 42821/18
“Feminising” medical procedures carried out on an intersex person during childhood without the person’s knowledge or consent: Applicability of Article 3 left open.
Decision | Legal Summary
C.E. and Others v. France, nos. 29775/18 and 29693/19
Legal relationship between a child and the biological mother’s same sex ex-partner.
Judgment | Legal Summary
Y v. Poland, no. 74131/14
Refusal to alter full birth certificate following gender reassignment.
Judgment | Legal Summary
Women's Initiatives Supporting Group and Others v. Georgia, nos. 73204/13 and 74959/13
Violence against LGBT demonstrators with State connivance and protection against hate-motivated attacks.
Judgment
Genderdoc-M and M.D. v. the Republic of Moldova, no. 23914/15
Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia. Positive obligations under Articles 3 and 14.
Judgment
S.-H. v. Poland (dec.), nos. 56846/15 and 56849/15
Nationalities of children born through surrogacy to same-sex couple.
Decision | Legal Summary
X. v. Poland, no. 20741/10
Discrimination in custody case based on mother’s relationship with another woman.
Judgment
A.M. and Others v. Russia, no. 47220/19
Transgender parent’s parental rights and contact with children.
Judgment | Legal Summary
Association ACCEPT and Others v. Romania, no. 19237/16
Homophobic verbal abuse during a film screening in the presence of police.
Judgment | Legal Summary
Valdís Fjölnisdóttir and Others v. Iceland, no. 71552/17
Non-recognition of parental link with non-biological child born abroad via surrogacy.
Judgment | Legal Summary
X. and Y. v. Romania, nos. 2145/16 and 20607/16
Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery.
Judgment | Legal Summary
Sabalić v. Croatia, no. 50231/13
Conviction for minor offence and EUR 40 fine for violent homophobic attack, without investigating hate motives, and subsequent discontinuation of criminal proceedings on ne bis in idem grounds.
Judgment | Legal Summary
Berkman v. Russia, no. 46712/15
Police failure to ensure event in support of LGBTI persons disrupted by counter-demonstrators proceeded peacefully.
Judgment | Legal Summary
B and C v. Switzerland, no. 889/19
Risk of and availability of protection against ill-treatment of a homosexual by non-State actors in Gambia.
Judgment | Legal Summary
Aghdgomelashvili and Japaridze v. Georgia, no. 7224/11
Abusive police conduct during search of premises of an LGBT NGO motivated by homophobic and/or transphobic hatred.
Judgment | Legal Summary
Y.T. v. Bulgaria, no. 41701/16
Refusal to allow a transgender person to have his change of sex recorded in the civil-status register, although his physical appearance and social and family identity had been altered for a long time.
Judgment | Legal Summary
Lilliendahl v. Iceland (dec.), no. 29297/18
Conviction for homophobic hate speech.
Decision
Şimşek, Andiç and Boğatekin v. Turkey (dec.), nos. 75845/12 and 2 others
Conviction for administrative offence (breach of the peace) of transgender persons.
Decision
Beizaras and Levickas v. Lithuania, no. 41288/15
NGO pursuing criminal complaints in the interest of applicants targeted by homophobic comments on Facebook.
Judgment | Legal Summary