List of LGBT-related cases before international courts and quasi-judicial bodies
This list contains cases of the 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 LGBT people.
List
Date of ruling | Case | Court | Topic |
---|---|---|---|
1955 | W. B. v. Germany (no. 104/55) | European Court of Human Rights | |
1975, September | X. v. Germany | European Court of Human Rights | Criminalization or detention |
1977, December | X. v. Germany (no. 6699/74) | European Court of Human Rights | Gender reassignment and its consequences |
1978, October | X. v. United Kingdom | European Court of Human Rights | Age of consent |
1980, November | Van Oosterwijck v. Belgium | European Court of Human Rights | Gender reassignment and its consequences |
1981, October | Dudgeon v. United Kingdom (no. 7525/76) | European Court of Human Rights | Criminalization or detention |
1982, May | X. Ltd. and Y. v. United Kingdom (no. 8710/79) | European Court of Human Rights | Freedom of assembly, expression and association |
1983, May | X. and Y. v. United Kingdom | European Court of Human Rights | Residence permits, asylum and extradition |
1983, October | B. v. United Kingdom | European Court of Human Rights | Military service |
1986, May | S. v. United Kingdom | European Court of Human Rights | Housing tenure, social and employer's benefits |
1986, July | Johnson v. United Kingdom | European Court of Human Rights | Criminalization or detention |
1986, October | Rees v. United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
1987, July | W. J. and D. P. v. United Kingdom | European Court of Human Rights | Residence permits, asylum and extradition |
1988, March | (?) v. Switzerland (no. 11680/85) | European Court of Human Rights | Criminalization or detention |
1988, May | Morissens v. Belgium (no. 11389/85) | European Court of Human Rights | Freedom of assembly, expression and association |
1988, May | Müller and Others v. Switzerland (no. 10737/84) | European Court of Human Rights | Freedom of assembly, expression and association |
1988, October | Norris v. Ireland (no. 8225/78) | European Court of Human Rights | Criminalization or detention |
1988, December | James v. United Kingdom (no. 10622/83) | European Court of Human Rights | Gender reassignment and its consequences |
1989, March | W. v. United Kingdom (no. 11095/84) | European Court of Human Rights | Gender reassignment and its consequences |
1989, October | C. and L. M. v. United Kingdom (no. 14753/89) | European Court of Human Rights | Residence permits, asylum and extradition |
1989, November | Eriksson and Goldschmidt v. Sweden (no. 14573/89) | European Court of Human Rights | Gender reassignment and its consequences |
1990 | Cossey v. United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
1990 | Z.B. v. United Kingdom | European Court of Human Rights | Residence permits, asylum and extradition |
1992 | Kerkhoven and Hinke v. Netherlands | European Court of Human Rights | Adoption, parental rights and obligations |
1992 | Zukrigl v. Austria | European Court of Human Rights | Age of consent |
1992 | B. v. France | European Court of Human Rights | Gender reassignment and its consequences |
1992 | S. v. Switzerland | European Court of Human Rights | Criminalization or detention |
1993 | Modinos v. Cyprus (no. 15070/89) | European Court of Human Rights | Criminalization or detention |
1995 | Wilde, Greenhalgh and Parry v. United Kingdom | European Court of Human Rights | Age of consent |
1995 | H.F. v. Austria | European Court of Human Rights | Age of consent |
1996 | Röösli v. Germany | European Court of Human Rights | Housing tenure, social and employer's benefits |
1996, November | Wingrove v. United Kingdom | European Court of Human Rights | Freedom of assembly, expression and association |
1997, January | Laskey, Jaggard and Brown v. United Kingdom (nos. 21627/93, 21826/93 and 21974/93) | European Court of Human Rights | Criminalization or detention |
1997 | X.,Y. and Z. v. United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
1997 | Marangos v. Cyprus | European Court of Human Rights | Criminalization or detention |
1997 | L.F. v. Ireland | European Court of Human Rights | Gender reassignment and its consequences |
1997 | Roetzheim v. Germany | European Court of Human Rights | Gender reassignment and its consequences |
1998 | Sheffield and Horsham v. the United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
1998 | Sobhani v. Sweden (No. 32999/96) | European Court of Human Rights | Residence permits, asylum and extradition |
1998 | Kara v. United Kingdom | European Court of Human Rights | Dress code |
1999, September | Smith and Grady v. United Kingdom (nos. 33985/96, 33986/96) | European Court of Human Rights | Military service |
1999, September | Lustig-Prean and Beckett v United Kingdom (nos. 31417/96, 32377/96) | European Court of Human Rights | Military service |
1999, December | Salgueiro da Silva Mouta v. Portugal (no. 33290/96) | European Court of Human Rights | Adoption, parental rights and obligations |
2000, July | A.D.T. v. United Kingdom | European Court of Human Rights | Criminalization or detention |
2001, March | Sutherland v. United Kingdom | European Court of Human Rights | Age of consent |
2001, May | Mata Estevez v. Spain (no. 56501/00) | European Court of Human Rights | Housing tenure, social and employer's benefits |
2001 | Morris v. United Kingdom | European Court of Human Rights | Age of consent |
2002, February | Fretté v. France (no 36515/97) | European Court of Human Rights | Adoption, parental rights and obligations |
2002, July | Christine Goodwin v. United Kingdom (no 28957/95) | European Court of Human Rights | Gender reassignment and its consequences |
2002 | I. v. United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
2002 | Tosto v. Italy | European Court of Human Rights | Blood donation |
2002, October | Beck, Copp and Bazeley v. the United Kingdom (nos. 48535/99, 48536/99, 48537/99) | European Court of Human Rights | Military service |
2002, October | Perkins and R. v. the United Kingdom (nos. 43208/98, 44875/98) | European Court of Human Rights | Military service |
9 January 2003 | S. L. v. Austria (no. 45330/99) | European Court of Human Rights | Age of consent |
2003, January | L. and V. v. Austria (nos. 39392/98, 39829/98) | European Court of Human Rights | Age of consent |
2003 July | Karner v. Austria (no. 40016/98) | European Court of Human Rights | Housing tenure, social and employer's benefits |
2003 | Van Kück v. Germany | European Court of Human Rights | Gender reassignment and its consequences |
2003 | Brown v. United Kingdom | European Court of Human Rights | Military service |
2004, February | B.B. v. United Kingdom (no. 53760/00) | European Court of Human Rights | Age of consent |
2004 | F. v. United Kingdom | European Court of Human Rights | Residence permits, asylum and extradition |
2004 | Woditschka and Wilfling v. Austria | European Court of Human Rights | Age of consent |
2004 | I. I. N. v. The Netherlands (2035/04) | European Court of Human Rights | Residence permits, asylum and extradition |
2005 | Ladner v. Austria | European Court of Human Rights | Age of consent |
2005 | Wolfmeyer v. Austria | European Court of Human Rights | Age of consent |
2005 | H. G. and G. B. v. Austria | European Court of Human Rights | Age of consent |
2006 | Grant v. United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
2006 | R.H. v. Austria | European Court of Human Rights | Age of consent |
2006 | Parry v. United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
2006 | R. and F. v. United Kingdom | European Court of Human Rights | Gender reassignment and its consequences |
2007 | Bączkowski and Others v. Poland (no. 1543/06) | European Court of Human Rights | Freedom of assembly, expression and association |
2007 | L. v. Lithuania | European Court of Human Rights | Gender reassignment and its consequences |
2008, January | E.B. v. France (no. 43546/02) | European Court of Human Rights | Adoption, parental rights and obligations |
2008 | Courten v. United Kingdom | European Court of Human Rights | Housing tenure, social and employer's benefits |
2008, December | Stavros Marangos v. Cyprus (no. 12846/05) | European Court of Human Rights | Military service |
2009 | Schlumpf v. Switzerland | European Court of Human Rights | Gender reassignment and its consequences |
2009 | M.W. v. United Kingdom | European Court of Human Rights | Housing tenure, social and employer's benefits |
2010, March | Kozak v. Poland (no. 13102/02) | European Court of Human Rights | Housing tenure, social and employer's benefits |
24 June 2010 | Schalk and Kopf v. Austria (no. 30141/04) | European Court of Human Rights | Registration of partnership |
2010, July | P.B. and J.S. v. Austria (no. 18984/02) | European Court of Human Rights | Housing tenure, social and employer's benefits |
2010, September | J. M. v. The United Kingdom (no. 37060/06) | European Court of Human Rights | Adoption, parental rights and obligations |
2010, October | Alekseyev v. Russia[1] (no. 4916/07, 25924/08, 14599/09) | European Court of Human Rights | Freedom of assembly, expression and association |
2010, November | P. V. v. Spain (no. 35159/09) | European Court of Human Rights | Gender reassignment and its consequences |
2012, February | Vejdeland and Others v. Sweden (no. 1813/07) | European Court of Human Rights | Freedom of assembly, expression and association |
2012, March | Gas and Dubois v. France (no. 25951/07) | European Court of Human Rights | Adoption, parental rights and obligations |
2012, July | A. S. B. v. the Netherlands [2] | European Court of Human Rights | Residence permits, asylum and extradition |
2012, October | Molnar v. Romania (no. 16637/06).[3] | European Court of Human Rights | Freedom of assembly, expression and association |
2013, February | X and Others v. Austria[4] | European Court of Human Rights | Adoption, parental rights and obligations |
Ongoing | Zhdanov and Rainbow House v. Russia (no. 12200/08, communicated in 2011) | European Court of Human Rights | Freedom of assembly, expression and association |
2013, November | E.B. and Others v. Austria (no. 48098/07)[5] | European Court of Human Rights | Age of consent |
Ongoing | dos Santos Couto v. Portugal (no. 31874/07) | European Court of Human Rights | Age of consent |
Ongoing | Georgescu v. Romania (no. 4867/03) | European Court of Human Rights | Criminalization or detention |
2015, September | A.E. v. Finland (no. 30953/11[6]) | European Court of Human Rights | Residence permits, asylum and extradition |
2012, June | Genderdoc-M. v. Moldova (no. 9106/06) | European Court of Human Rights | Freedom of assembly, expression and association |
2011, October | Stasi v. France (no. 25001/07)[7] | European Court of Human Rights | Violence and lack of investigation thereof |
2012, | Zontul v. Greece [8] | European Court of Human Rights | |
Ongoing | R.A. v. France (no. 49718/09) | European Court of Human Rights | Residence permits, asylum and extradition |
2012, November and 2014, July |
H. v. Finland Hämäläinen v. Finland (no. 37359/09) |
European Court of Human Rights | Gender reassignment and its consequences |
Ongoing | A. K. v. Poland (no. 7705/05) | European Court of Human Rights | Gender reassignment and its consequences |
Ongoing | P. v. Portugal (no. 56027/09) | European Court of Human Rights | Gender reassignment and its consequences |
2012, October | X. v. Turkey (no. 24626/09) | European Court of Human Rights | Violence and lack of investigation thereof |
Ongoing | K. v. France (no. 47129/09) | European Court of Human Rights | |
Ongoing | Hallier and Lucas v. France (no. 46386/10) | European Court of Human Rights | Adoption, parental rights and obligations |
Ongoing | Aghdgomelashvili and Japaridze v. Georgia (no. 7224/11) communicated in 2013[9] | European Court of Human Rights | Violence and lack of investigation thereof |
2013, January | Eweida and Others v. United Kingdom (nos. 48420/10, 59842/10, 51671/10 and 36516/10)[10] (see Ladele v London Borough of Islington and McFarlane v Relate Avon Ltd) |
European Court of Human Rights | Personal refusal of services |
Ongoing | Yefremenkova and Others v. Russia (no. 19700/11[11]) | European Court of Human Rights | Freedom of assembly, expression and association |
Ongoing | M.C. and A.C. v Romania (no. 12060/12[12]) | European Court of Human Rights | Freedom of assembly, expression and association Violence and lack of investigation thereof |
7 November 2013 | Vallianatos and Others v. Greece (nos. 29381/09, 32684/09)[13] | European Court of Human Rights | Registration of partnership |
Ongoing | Dietz and Others v. Austria | European Court of Human Rights | |
Ongoing | Cassar v. Malta (no. 36982/11)[14][15] | European Court of Human Rights | Gender reassignment and its consequences |
Ongoing | Aleksandrov v. Russia [16] | European Court of Human Rights | |
2012, June | K.N. v. France 47129/09[17] | European Court of Human Rights | |
2013, June | M.K.N. v. Sweden [18] | European Court of Human Rights | Residence permits, asylum and extradition |
2014, March | F. J. and E.B. against Austria [19] | European Court of Human Rights | |
2014, April | Mladina d.d. Ljubljana v Slovenia[20] | European Court of Human Rights | |
2014, April and 2015, April |
M. E. v. Sweden[21] | European Court of Human Rights | Residence permits, asylum and extradition |
2015, March | Y.Y. v. Turkey[22] (no 14793/08) | European Court of Human Rights | Gender reassignment and its consequences |
2015, May | Identoba and Others v. Georgia[23] | European Court of Human Rights | Freedom of assembly, expression and association |
21 July 2015 | Oliari and Others v. Italy[24] | European Court of Human Rights | Registration of partnership |
2016, February | Pajić v. Croatia[25] | European Court of Human Rights | Residence permits, asylum and extradition |
2016, April | A. N. v. France[26] | European Court of Human Rights | Residence permits, asylum and extradition |
9 June 2016 | Chapin and Charpentier v. France[27] | European Court of Human Rights | Registration of partnership |
2016, June | Aldeguer Tomás v. Spain[28] | European Court of Human Rights | Housing tenure, social and employer's benefits |
2016, June | Taddeucci and McCall v. Italy[29] | European Court of Human Rights | Residence permits, asylum and extradition |
2016, November | Kaos GL v. Turkey[30] | European Court of Human Rights | . |
Ongoing | Sabalić v. Croatia[31] | European Court of Human Rights | |
Ongoing | Alekseyev v. Russia № 14988/09 etc.(communicated[32] in 2016) | European Court of Human Rights | Freedom of assembly, expression and association |
Ongoing | Fedotova and Others v. Russia № 40792/10, 30538/14, 43439/14 (communicated[33] in 2016) | European Court of Human Rights | Registration of partnership |
Ongoing | Sozayev and Others v. Russia № 67685/14 and 35199/15 (communicated[34] in 2016) | European Court of Human Rights | Freedom of assembly, expression and association |
Ongoing | H.G. v. Austria (48098/07) | European Court of Human Rights | |
Ongoing | D.B.N. v. United Kingdom (26550/10) | European Court of Human Rights | |
Ongoing | Bonnaud and Lecoq v. France (no. 6190/11) | European Court of Human Rights | Adoption, parental rights and obligations |
Ongoing | Francesca Orlandi and Others v. Italy (no. 26431/12) | European Court of Human Rights | Registration of partnership |
1996 | C-13/94 P. v. S and Cornwall County Council[35] | Court of Justice of the European Union | Gender reassignment and its consequences |
1998 | C-249/96 Grant v. South West Trains Ltd. | Court of Justice of the European Union | Housing tenure, social and employer's benefits |
2001 | C-125/99 D. v. Council | Court of Justice of the European Union | Housing tenure, social and employer's benefits |
2004 | C-117/01 K.B. v. NHS Pensions Agency | Court of Justice of the European Union | Gender reassignment and its consequences |
2006 | C-423/04 Richards v. Secretary of State for Work and Pensions | Court of Justice of the European Union | Gender reassignment and its consequences |
2008 | C-267/06 Maruko v. VddB | Court of Justice of the European Union | |
2010 | W. v. Commission | Court of Justice of the European Union | |
2011 | C-147/08 Römer v. City of Hamburg | Court of Justice of the European Union | |
2013, April | Asociatia Accept v Consiliul Naţional pentru Combaterea Discriminării (C-81/12) | Court of Justice of the European Union | |
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)[36] |
Court of Justice of the European Union | Residence permits, asylum and extradition |
2013, December | Hay v Crédit agricole mutuel (C-267/12).[37] | Court of Justice of the European Union | 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)[38] | Court of Justice of the European Union | Residence permits, asylum and extradition |
2015, April | Léger v Ministre des Affaires sociales... (C-528/13)[39] | Court of Justice of the European Union | Blood donation |
1985 | Hertzberg et al. v. Finland (61/1979) | UN Human Rights Committee | Freedom of assembly, expression and association |
1994 | Toonen v. Australia (488/1992) | UN Human Rights Committee | Criminalization or detention |
2002 | Joslin v. New Zealand (902/1999) | UN Human Rights Committee | Registration of partnership |
2003 | Young v. Australia (941/2000) | UN Human Rights Committee | Housing tenure, social and employer's benefits |
2005 | X. v. Columbia[40] | UN Human Rights Committee | |
2012 | Fedotova v. Russia[41] | UN Human Rights Committee | Freedom of assembly, expression and association |
2014 | Praded v. Belarus (2029/2011) | UN Human Rights Committee | Freedom of assembly, expression and association |
2016 | Androsenko v. Belarus (2092/2011) | UN Human Rights Committee | Freedom of assembly, expression and association |
Ongoing | Alekseyev v. Russia, № 1873/2009 | UN Human Rights Committee | |
2009 | INTERIGHTS v. Croatia (45/2007)[42] | European Committee of Social Rights | |
1999, May | Álvarez Giraldo v. Colombia[43] | Inter-American Commission on Human Rights | |
2012, February | Atala Riffo and daughters v. Chile[44] | Inter-American Court of Human Rights |
Pending before ECtHR:
Alekseyev v. Russia № 9689/06, Alekseyev (No. 2) v. Russia № 25924/08 merged with № 4916/07; Fedotova v. Russia, № 2064/10; Sutyagin v. Russia, № 13518/10; Alekseyev, Bayev, Nepomnyaschiy v. Russia, № 39954/09; Bayev v. Russia, № 67667/09.[45]
See also
References
- ↑ Alekseyev v. Russia
- ↑ ECtHR decision on application no. 25951/07
- ↑ (French)
- ↑ ECtHR Grand Chamber 19.02.2013 judgment in case X and Others v. Austria (no. 19010/07))
- ↑ ECtHR Chamber judgment on applications nos. 31913/07, 38357/07, 48098/07, 48777/07 and 48779/07
- ↑ Decision in case No. 30953/11
- ↑ Press release on ECtHR judgment in case no. 25001/07
- ↑ ECtHR judgment in case no. 12294/07(French)
- ↑ Statement of facts in case 7224/11
- ↑ ECtHR Chamber judgment in cases nos. 48420/10, 59842/10, 51671/10 and 36516/10
- ↑ Statement of facts on applications nos. 57818/09, 19700/11 and others
- ↑ Statement of facts on application no. 12060/12
- ↑ ECtHR Grand Chamber judgment in cases nos. 29381/09 and 32684/09
- ↑ Statement of facts on application no. 36982/11
- ↑ Transgender people to be awarded the right to marry 2013
- ↑ European Human Rights Advocacy Centre 10 Year review 2003 To 2013 p. 30
- ↑ ECtHR committee decision in case no. 47129/09(French)
- ↑ ECtHR Chamber judgment in case no. 72413/10
- ↑ 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
- ↑
- ↑ ECtHR judgment in case no. 73235/12
- ↑ ECtHR judgment in cases nos. 18766/11 and 36030/11
- ↑ ECtHR judgment in case no. 68453/13
- ↑ ECtHR decision in case no. 12956/15
- ↑ ECtHR judgment in case no. 40183/07(French)
- ↑ ECtHR judgment in case no. 35214/09
- ↑ ECtHR judgment in case no. 51362/09(French)
- ↑ ECtHR judgment in case no. 4982/07(French)
- ↑
- ↑
- ↑
- ↑
- ↑ P. v. S and Cornwall County Council
- ↑ JUDGMENT OF THE COURT (Fourth Chamber) 7 November 2013
- ↑ Hay v Crédit agricole mutuel
- ↑ PRESS RELEASE No 162/14
- ↑ PRESS RELEASE No 46/15
- ↑ HRC views on the communication No. 1361/2005 30 March 2007
- ↑ HRC views on the communication No.1932/2010 19 November 2012
- ↑
- ↑ IAComHR admissibility report Nº 71/99, case 11.656
- ↑ IACourtHR judgment
- ↑
Literature
- Paul Johnson Homosexuality and the European Court of Human Rights, Routledge, 2012 (an updated list of cases from the book is publicly provided by the author)
- 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
- Ending violence and other human rights violations based on sexual orientation and gender identity: A joint dialogue of the African Commission on Human and Peoples’ Rights, Inter-American Commission on Human Rights and United Nations Pretoria University Law Press, 2016
External links
- European Court of Human Rights non-binding factsheets, issued by its Press Unit:
- ECHR Sexual Orientation Blog by Dr. Paul Johnson (University of York)
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