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List Of LGBT-related Cases Before International Courts And Quasi-judicial Bodies
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 LGBT people. According to one study of the European human rights system, recognition of a LGBT right by the ECtHR increased the likelihood that other countries in the Council of Europe would adopt the LGBT right as policy. Council of Europe European Commission of Human Rights 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. European Court of Human Right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Commission Of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the commission, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 which came into force in 1998 abolished the commission, enlarged the Court, and allowed individuals to take cases directly to it. List of cases *Greek case In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power ea ... References * Arthur W. Diamond Law LibrarThe European Human Rights System and the European Court of Human Rights. Research Guide [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
X V United Kingdom
''X. v. the United Kingdom'' was a 1978 case before the European Court of Human Rights, challenging the Sexual Offences Act 1967 in the United Kingdom. The case addressed privacy protections and age of consent laws for homosexuals (case no. 7215/75, Dec. 12.10.1978). Facts In 1974, a 26-year-old male, anonymously identified as 'X' but subsequently identified as Peter Vernon Wells (1947–79), was arrested in the United Kingdom and charged under The Sexual Offences Act 1967 with two offences of buggery committed with two 18-year-old men. X was sentenced two and a half years of imprisonment on the first count and six months on the second count. There was evidence shown that X had 'virtually made a prisoner' of one of the men he had relationship with; however this was contradicted not only by X but also the man he had a relationship with.X v. United Kingdom, 7215/75 paragraph 31 The applicant in the case, X, contended that his arrest and imprisonment was a violation of Articl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 11 Of The European Convention On Human Rights
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Case law *'' Communist Party of Germany v. the Federal Republic of Germany'' (1957) *'' Plattform "Ärzte für das Leben" v. Austria'' (1988) *'' Vogt v Germany'' (1995) *''Wilson and Palmer v United Kingdom'' 002ECHR 552*''Yazar, Karatas, Aksoy and Hep v Turkey'' (2003) 36 EHRR 59 *''Church of Scientology Moscow v Russia'' (2007) *''ASLEF v United Kingdom'' (2007) *''Bączkowski v Poland'' (2007) *''Demir and Baykara v Turkey'' [2008ECHR 1345 See also *European Convention on Human Rights *European labour law *UK labour law *German labour law German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) * Fre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 13 Of The European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 6 Of The European Convention On Human Rights
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 (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). Text Article 6 reads as follows. Nature The majority of Convention violations that the Court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France. Under the "independent tribunal" requirement, the Court has ruled that military judges in Turkish state security co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sutherland V United Kingdom
''Sutherland v United Kingdom'' originated as a complaint by Mr Euan Sutherland to the European Commission of Human Rights that the fixing of the minimum age for lawful homosexual activities at 18 rather than 16, as for heterosexual activities, violated his right to respect for private life under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was first filed on 8 June 1994 and ultimately led to the equalisation of the age of consent for homosexual and heterosexual acts. Facts The Applicant, Mr Euan Sutherland was born in 1977, and after realising he was homosexual, had his first sexual encounter with another homosexual man at the age of 16. Although the Applicant was never prosecuted, there was a justified fear that he may be since, in 1990, 455 prosecutions had given rise to 342 convictions and, in 1991, 213 prosecutions gave rise to 169 convictions. This fear led the Applicant to bring the complaint to the Com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 14 Of The European Convention On Human Rights
Article 14 of the European Convention on Human Rights lists the prohibited grounds against which discrimination in illegal. The text states that"The enjoyment of the rights and freedoms set forth in heConvention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."Unlike the Universal Declaration of Human Rights, there is no general right to equal treatment, only in the areas covered by the Convention. However, the article covers an open-ended list of prohibited grounds for discrimination and has been expanded over time to include such grounds as sexual orientation. In the case law of the European Court of Human Rights, the interpretation of the article has expanded over time to include indirect discrimination. Protocol 12 to the European Convention on Human Rights expands on Article 14 to include a freestanding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lustig-Prean And Beckett V United Kingdom
''Lustig-Prean and Beckett v United Kingdom'' (2000) 29 ECHR 548 is a UK labour law and European Convention on Human Rights case on sexual orientation discrimination. The European Court of Human Rights combined judgments for Beckett and Lustig-Prean, and the parallel decisions for Smith and Grady, are regarded as pivotal in gay rights throughout the UK and Europe. Facts Duncan Lustig-Prean (born 6 March 1959) is a retired officer of the Royal Navy. In 1994 he was dismissed from the Royal Navy when it became known that he was gay. He then joined Rank Outsiders, who were campaigning for the right of gay men and lesbians to serve in the armed forces. John Beckett, a former Royal Navy Weapons Engineer was dismissed in 1993 for being gay following personal disclosure to a military chaplain. Lustig-Prean and Beckett alleged that their dismissal, together with the intrusive nature of the investigations conducted by the Military Police into their sexuality, violated their right to priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith And Grady V United Kingdom
''Smith and Grady v UK'' (1999) 29 EHRR 493 was a notable decision of the European Court of Human Rights that unanimously found that the investigation into and subsequent discharge of personnel from the Royal Navy on the basis they were homosexual was a breach of their right to a private life under Article 8 of the European Convention on Human Rights. The decision, which caused widespread controversy at the time led the UK to adopt a revised sexual-orientation-free Armed Forces Code of Social Conduct in January 2000.Armed Forces Code of Social Conduct retrieved 28 December 2009. In UK law the decision is notable because the applicants' case had previously been dismissed in both the High Court and Court of Appeal, who had found that the authorities' actions had not violated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actual Bodily Harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). Ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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