List Of LGBT-related ECHR Cases
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This list contains cases of the European Commission of Human Rights,
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(ECtHR),
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...
,
Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des Droits de l'Homme'', ...
, Court of Justice of the European Union (CJEU),
European Committee of Social Rights The European Social Charter is a Council of Europe treaty which was opened for signature on October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. B ...
(ECSR) and
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
(UN HRC) related to
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...
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 The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in 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 The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
disbanded in 1998. Cases heard by the commission and subsequently the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
are listed in the next table. Both the commission and the court interpret 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 t ...
.


European Court of Human Rights

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.


Concluded cases

ILGA-Europe maintains a list of recently concluded ECtHR cases and their execution status.Strategic Litigation on Sexual Orientation, Gender Identity and Sex Characteristics: Inventory of Relevant Sogiesc Case-law and Pending Cases Before the Ecthr and Cjeu
October 2020


Pending cases


European Committee of Social Rights

The
European Committee of Social Rights The European Social Charter is a Council of Europe treaty which was opened for signature on October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. B ...
issues judgements based on the European Social Charter, a Council of Europe treaty.


European Union

All
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
member states are also members of the Council of Europe and subject to the ECtHR.


Court of Justice of the European Union


Organization of American States


Inter-American Commission on Human Rights


Inter-American Court of Human Rights


United Nations


United Nations Human Rights Committee

The
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
oversees the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
.


See also

* LGBT rights in Europe *
Same-sex union court cases Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark,Including Denmark proper, Greenland and the Faroe Islands. Ecuador, Estonia, Finla ...


References


Literature

* * * * * * * * * * *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 The International Federation for Human Rights (french: Fédération internationale des ligues des droits de l'homme; FIDH) is a non-governmental federation for human rights organizations. Founded in 1922, FIDH is the third oldest international h ...
2014 *Frédéric Ede
Case Law of the European Court of Human Rights relating to discrimination on grounds of sexual orientation or gender identity
Council of Europe, 2015 * * *


External links

*European Court of Human Rights non-binding factsheets, issued by its Press Unit:
"Sexual Orientation Issues", May 2015

"Homosexuality: criminal aspects", June 2014

"Gender Identity Issues", March 2015ECHR Sexual Orientation Blog
by Prof. Paul Johnson (
University of York , mottoeng = On the threshold of wisdom , established = , type = Public research university , endowment = £8.0 million , budget = £403.6 million , chancellor = Heather Melville , vice_chancellor = Charlie Jeffery , students ...
)
Going to Strasbourg
by Prof Paul Johnson, which contains oral history interviews with applicants to the European Court of Human Rights {{DEFAULTSORT:LGBT-related cases before international courts and quasi-judicial bodies European Court of Human Rights case law on LGBT rights Court of Justice of the European Union case law United Nations Human Rights Committee case law
International courts International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ''ad hoc'' tribunals and permanent institutions but exclude any courts arising purely under n ...
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