Rights of LGBTI persons

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All Updates


Cases selected for updating the Case-Law Guide.

Hanovs v. Latvia, no. 40861/22

18/07/24

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

11/07/24

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

09/07/24

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

07/05/24

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

12/09/23

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

05/09/23

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)

11/07/23

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

27/06/23

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

30/05/23

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

23/05/23

​Absence of any form of legal recognition and protection for same sex couples. 
JudgmentLegal Summary


A.H. and Others v. Germany, no. 7246/20

04/04/23

​Refusal to record a transgender parent as the mother of a child to whom she had not given birth.
JudgmentLegal Summary


O.H. and G.H. v. Germany, nos. 53568/18 and 54741/18

04/04/23

​Refusal to allow a transgender parent who gave birth to a child to be recorded as the father.
JudgmentLegal Summary


C8 (Canal 8) v. France, nos. 58951/18 and 1308/19

09/02/23

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

31/01/23

Refusal to indicate "neutral" or "intersex" on an intersex person's birth certificate.
Judgment | Legal Summary


Macatė v. Lithuania [GC], no. 61435/19

23/01/23

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

17/01/23

​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

01/12/22

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

22/11/22

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

08/09/22

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

06/09/22

Birth certificate of child of same-sex couple after second-parent adoption. 
Decision


Stoyanova v. Bulgaria, no. 56070/18

14/06/22

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

17/05/22

Homophobic arson, attacks against a bar owner and activist and online hateful comments.
Judgment | Legal Summary


M v. France (dec.), no. 42821/18

26/04/22

“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

24/03/22

Legal relationship between a child and the biological mother’s same sex ex-partner.
Judgment | Legal Summary


Y v. Poland, no. 74131/14

17/02/22

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

16/12/21

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

14/12/21

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

16/11/21

Nationalities of children born through surrogacy to same-sex couple. 
Decision | Legal Summary


X. v. Poland, no. 20741/10

16/09/21

Discrimination in custody case based on mother’s relationship with another woman.
Judgment


A.M. and Others v. Russia, no. 47220/19

06/07/21

Transgender parent’s parental rights and contact with children.
Judgment | Legal Summary


Association ACCEPT and Others v. Romania, no. 19237/16

01/06/21

Homophobic verbal abuse during a film screening in the presence of police.
Judgment | Legal Summary


Valdís Fjölnisdóttir and Others v. Iceland, no. 71552/17

18/05/21

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

19/01/21

​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

14/01/21

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

01/12/20

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

17/11/20

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

08/10/20

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

09/07/20

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

12/05/20

Conviction for homophobic hate speech.
Decision


Şimşek, Andiç and Boğatekin v. Turkey (dec.), nos. 75845/12 and 2 others

17/03/20

Conviction for administrative offence (breach of the peace) of transgender persons.
Decision 


Beizaras and Levickas v. Lithuania, no. 41288/15

14/01/20

NGO pursuing criminal complaints in the interest of applicants targeted by homophobic comments on Facebook.
Judgment | Legal Summary 


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