Instruments Archives: European Convention on Human Rights
W v. Registrar of Marriages, Hong Kong Court of First Instance (5 October 2010)
Procedural Posture Petition for judicial review of a decision by the Hong Kong Registrar of Marriages to refuse to grant the applicant, a transgender woman, a licence to marry her male partner. Facts The applicant was registered at birth as male. From 2005 to 2008 the applicant received psychological and medical treatment including hormone therapy […]
The People v. Siyah Pembe Üçgen Izmir Association (“Black Pink Triangle”), Izmir Court of First Instance No. 6, Turkey (30 April 2010)
Procedural Posture The Prosecutor’s Office of Izmir brought a complaint to the Court requesting that the defendant association, Siyah Pembe Üçgen Izmir (“Black Pink Triangle”), be dissolved because it failed to comply with the requirements set forth in the Civil Code as well as in the Constitution. Facts When Black Pink Triangle was founded by […]
Sentenza 38/2010, Italian Constitutional Court (14 April 2010)
Procedural Posture The Venice Tribunal and the Trento Court of Appeal received two constitutional challenges to the Civil Code provisions relating to marriage. Having decided that the challenges were not manifestly ill-founded, the courts filed two separate motions to the Italian Constitutional Court, which the Court decided to examine together. Facts In one case, a […]
In re Foreign Adoption, Supreme Court of the Republic of Slovenia (28 January 2010)
Procedural Posture The Prosecutor General filed an appeal, called a request for protection of legality, against a decision of the Ljubljana District Court to recognise a foreign adoption by a same-sex couple. Facts The applicant parents, a same-sex couple with dual Slovenian and United States citizenship, had registered a same-sex civil partnership in New Jersey […]
Re Marriage Case No. 33-1252, Moscow City Court, Russian Federation (21 January 2010)
Procedural Posture Cassation appeal. Issue Whether the registration of a same-sex marriage was possible under Russian legislation pertaining to marriages. Facts The Tver Civil Registry Department in Moscow refused to allow the plaintiffs to register a same-sex marriage. The Tver District Court of Moscow upheld the decision and the plaintiffs appealed to the Moscow City […]
In re Fedotova, Constitutional Court of the Russian Federation (19 January 2010)
Procedural Posture The plaintiffs brought a complaint to the Constitutional Court, alleging that Article 4 of the Ryazan Region Law “On Protection of Morals of Children in Ryazan Region”, and Article 3.10 of the Ryazan Region Law “On Administrative Offences”, violated their constitutional rights. Under the law, public actions aimed at the “propaganda of homosexuality […]