A seven-member chamber of the European Court of Human Rights in Strasbourg issued a judgment on June 20 in the case of Bayev & Others v. Russia, Applications nos. 67667/09 and 2 others, holding that local and national laws in Russia making it an administrative offense for somebody to “promote homosexuality among minors” or to promote “non-traditional sexual relations” violates the free speech and equality provisions of the European Convention on Human Rights. The … <Read More>
A seven-judge chamber of the European Court of Human Rights (ECHR) in Strasbourg has ruled that Italy’s failure to adopt a legal structure for same-sex relationships, such as a civil union or registered partnership similar to those in other European countries such as Austria or Germany, violates Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, a treaty to which 47 European countries are signatories. The ruling in the … <Read More>
A Grand Chamber (17 judges) of the European Court of Human Rights has rejected a claim by a transgender woman from Finland that her European Convention rights were violated when the Finnish government would not recognize her correct gender unless her wife agreed to have their marriage converted into a registered partnership. The July 16 ruling in Hamalainen v. Finland drew a strong dissenting opinion from three judges on the court.
Ms. Hamalainen, a resident … <Read More>
European courts issued three significant decisions affecting the rights of LGBT people in Europe on November 7, 2013. In Minister for Immigration and Asylum v. X, Y & Z (Joined Cases C-199/12 to C-201/12), the European Court of Justice in Luxembourg, which is the highest court on questions of European Union law, ruled favorably on the right of lesbian and gay people to seek asylum in Europe based on fear of persecution of gay people … <Read More>
A Grand Chamber (17 judges) of the European Court of Human Rights (based in Strasbourg) ruled on February 19 that Austria violated the European Convention for the Protection of Human Rights and Fundamental Freedoms by maintaining a statutory scheme under which “second-parent” adoptions are available for unmarried different-sex couples but not for same-sex couples (who do not have the right to marry in Austria). By a vote of 10-7, the court found that the applicants … <Read More>
The 4th Section chamber of the European Court of Human Rights has ruled that the United Kingdom is acting within the “margin of appreciation” under the European Convention on Human Rights in upholding the decisions by two employers to discharge employees who were unwilling to abide by the employers’ non-discrimination policies, which forbid sexual orientation discrimination. The employees in question, one governmental and one non-governmental, posed objections based on their Christian beliefs.
The 4th Section’s … <Read More>