Rights of LGBTI persons
All Updates
Cases selected for updating the Case-Law Guide.
Minasyan and Others v. Armenia, no. 59180/15
Breach of positive obligation under Article 8 in conjunction with Article 14 due to domestic courts’ failure to recognise and address the hostile and discriminatory tone, intentions, and impact of an online newspaper article targeting LGBT rights activists.
Judgment
Side by Side International Film Festival and Others v. Russia, nos. 32678/18 and 2 others
Authorities’ years-long failure to secure safe and uninterrupted film screenings held at an international LGBT film festival, which was repeatedly disrupted by bomb threats and other false alarms.
Judgment
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, nos. 889/19 and 43987/16
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