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]
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 |
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]
| 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]
| 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] |
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] |
All European Union member states are also members of the Council of Europe and subject to the ECtHR.
| 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] |
| 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 |
| 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 |
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 |
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France.
Dudgeon v United Kingdom (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885, which criminalised male homosexual acts in England, Wales and Northern Ireland, breached the defendant's rights under Article 8 of the European Convention on Human Rights.
Non bis in idem which translates literally from Latin as 'not twice in the same [thing]', is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action. It is a legal concept originating in Roman civil law, but it is essentially the equivalent of the double jeopardy doctrine found in common law jurisdictions, and similar peremptory plea in some modern civil law countries.
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment".
Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case.
Latvian Human Rights Committee is a non-governmental human rights organization in Latvia. It is a member of international human rights and anti-racism NGOs FIDH, AEDH. Co-chairpersons of LHRC are Vladimir Buzayev and Natalia Yolkina. According to the authors of the study "Ethnopolitics in Latvia", former CBSS Commissioner on Democratic Institutions and Human Rights Ole Espersen "had visited LHRC various times and had used mostly the data of that organisation in his views on Latvia".
Lautsi v. Italy was a case brought before the European Court of Human Rights, which, on 18 March 2011, ruled that the requirement in Italian law that crucifixes be displayed in classrooms of schools does not violate the European Convention on Human Rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
X and Others v. Austria, Application No. 19010/07, was a human rights case that was decided in 2013 by the European Court of Human Rights (ECtHR). The case concerned whether the Government of Austria had discriminated against Austrian citizens who were in same-sex relationships because the wording of the Austrian Civil Code did not permit unmarried same-sex couples access to legally granted second-parent adoptions, whereas it was available to unmarried heterosexual couples.
Zakharov v. Russia was a 2015 court case before the European Court of Human Rights involving Roman Zakharov and the Russian Federation. The Court ruled that Russia's legal provisions governing communications surveillance did not provide adequate safeguards against arbitrariness or abuse, and that therefore a violation took place of Article 8 of the European Convention of Human Rights.
Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne is a 2018 case of the European Court of Justice (ECJ) that affirmed residency rights in EU countries, to the spouse of an EU citizen who is exercising their right to freedom of movement and if the marriage was legally performed in an EU member state.
Lee v Ashers Baking Company Ltd and others[2018] UKSC 49 was a Supreme Court of the United Kingdom discrimination case between Gareth Lee and Ashers Baking Company, owned by Daniel and Amy McArthur of Northern Ireland. Lee brought the case after Ashers refused to make a cake with a message promoting same-sex marriage, citing their religious beliefs. Following appeals, the Supreme Court overturned previous rulings in favour of Lee and made a judgement in favour of Ashers. The court said there was no discrimination against Lee and that Ashers' objections were with the message they were being asked to promote. The court held that people in the United Kingdom could not legally be forced to promote a message they fundamentally disagreed with. The case became known in the British and Irish media as the "gay cake" case.
Fedotova and Others v. Russia was a case submitted by six Russian nationals to the European Court of Human Rights (ECtHR).
Azerbaijan has been a member of the Council of Europe, an international organization that focuses on strengthening democracy and human rights, since 2001. As a member, it has attracted attention for holding political prisoners, low implementation of verdicts of the European Court of Human Rights (ECtHR), and bribing Council of Europe parliamentarians to suppress negative information about its human rights record. In 2017, the Committee of Ministers launched the first ever infringement proceeding against Azerbaijan after it refused to release opposition politician Ilgar Mammadov after a 2014 ECtHR verdict that his imprisonment was unlawful. There has also been criticism of Azerbaijan's continued membership by those who believe its lack of human rights protection undermines the credibility of the Council of Europe.
Bayev and Others v. Russia was a case brought to the European Court of Human Rights by three Russian activists—Nikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyev—alleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. On 20 June 2017, the court ruled that the applicants' freedom of expression had been compromised. The only dissent was from Dmitry Dedov, the judge elected with respect to Russia.
Baka v. Hungary was a case of the European Court of Human Rights (ECtHR) heard by the second section of the court in 2014 and the Grand Chamber in 2016. Both the section and the Grand Chamber found that Hungary had violated the rights of András Baka, the former head of Hungary's supreme court who was dismissed after criticizing the government's judicial reforms.
Toplak and Mrak v. Slovenia of 26 October 2021, is the European Court of Human Rights judgment in which the court held that voters' rights were violated when they had no legal right to ask for accessible polling places in advance to achieve accessibility before the election day. The ruling is also significant because the court for the first time extended its jurisdiction to referendums.
