A picture of a same-sex kiss on Facebook wreaks havoc: Beizaras and Levickas v. Lithuania

Ingrida Milkaite is a PhD researcher in the research group Law & Technology at Ghent University, Belgium. She is working on the research project ‘A children’s rights perspective on privacy and data protection in the digital age’ (Ghent University, Special Research Fund) and is a member of the Human Rights Centre at the Faculty of Law and Criminology at Ghent University and PIXLES (Privacy, Information Exchange, Law Enforcement and Surveillance).

Two young men publicly posted a photograph of themselves kissing on Facebook. The post ‘went viral’ and attracted around 800 comments, most of which were hateful. Some of the comments featured suggestions to burn, exterminate, hang, beat, castrate, and kill the two men as well as gay people in general. The national authorities, while acknowledging that some comments were ‘unethical’, refused to launch a pre-trial investigation for incitement to hatred and violence against homosexuals. They considered that the couple’s ‘eccentric behaviour’ had been provocative and that launching an investigation in this case would be a ‘waste of time and resources’. The judgement in the case of Beizaras and Levickas v. Lithuania (Application no. 41288/15) was published on 14 January 2020. The ECtHR found a violation of Article 14 ECHR in conjunction with Article 8 ECHR, as well as a violation of Article 13 ECHR. Continue reading

Zhdanov and others v. Russia: on missed opportunities and an offensive applicant

On 16 July, the Court delivered its judgment in the case of Zhdanov and others v. Russia. The case concerns the refusal by the Russian authorities to register two LGBT rights organisations because they were considered extremist organisations on account of the allegedly immoral character of their activities. In this judgment, the Court found a violation of Article 6 § 1 (access to court) and of Article 11 (freedom of assembly), alone and in conjunction with Article 14 (prohibition of discrimination). This blog post is only concerned with the Article 11 and 14 aspects of the case. After setting out the facts, I will highlight some of the missed opportunities in the Court’s judgment from the perspective of the third party intervention we, as the Human Rights Centre of Ghent University, submitted in this case (in particular as far as the assessment of the legitimate aim of the interference is concerned). In addition, I will discuss a quite peculiar aspect of the case: the decision to declare the part of the complaint lodged by LGBT activist Nikolay Alekseyev inadmissible as an abuse of the right of application because of offensive statements he made about the Court and its judges on social media. In line with the (partly) dissenting judges, I will argue that this is problematic from the viewpoint of both freedom of expression and access to the Court. Continue reading

X v. FYROM: A circumspect compromise on trans* rights?

This post was written by Mariam Gaiparashvili and Sarah Schoentjes, Master students at the Human Rights Legal Clinic, Ghent University

In X v. FYROM, the ECtHR confirmed the Member States’ positive obligation under Article 8 ECHR to establish a clear legal procedure for gender recognition. Disappointingly, however, it refused to examine the applicant’s claim that mandatory sex reassignment surgery as a requirement for gender recognition also violated Article 8. From the dissenting opinion of Judges Pejchal and Wojtyczek, it is clear that this application crystallised core disagreements within the Court on its interpretation methods and its role toward the Member States. Unfortunately, trans* persons bear the brunt of this conflict, as it seems to have led the Court to be very circumspect in this case, denying trans* persons much-needed clarity and protection. Continue reading

S.V. v. Italy: on temporality and transgender persons

By Pieter Cannoot, PhD Researcher at the Human Rights Centre of Ghent University

On 11 October 2018, the European Court of Human Rights found a violation of Article 8 ECHR in a case involving a transsexual woman called S.V. The application concerned the Italian authorities’ refusal to authorise S.V. officially changing her first name on the grounds that no judicial ruling had confirmed the successful completion of sex reassignment therapy, even though she had been socially and physically transitioning for several years. According to the Court, this waiting period had resulted in feelings of vulnerability, humiliation and anxiety, which amounted to a disproportionate interference with S.V.’s right to respect for private life. Continue reading

Human Rights Centre submits a third party intervention in “Conchita Wurst case”

The Human Rights Centre of Ghent University[1] has recently submitted a third party intervention in the case of Minasyan and Others v. Armenia, which raises important issues concerning the protection of LGBTIQ+ persons against hate speech. In our third party intervention, we invite the Court to clarify Convention standards regarding the positive obligation for the State to combat hate speech based on sexual orientation, gender identity and gender expression. Before summarizing the main arguments developed in our third party intervention, I will first provide a brief overview of the facts of the case. Continue reading

The CJEU’s judgment in Coman: a small step for the recognition of same-sex couples underlying European divides over LGBT rights

By Manon Beury, research assistant in Comparative Sexual Orientation Law, Leiden University

Following the eagerly-awaited judgment of the Court of Justice of the European Union (CJEU) in Coman and Others v. Romania, the Romanian Constitutional Court decided on 18 July 2018 that same-sex married couples have the right to reside in the country if one of the spouses is a Romanian citizen. The CJEU ruled on 5 June 2018 that the term “spouse”, for the purpose of granting a right of residence to non-EU citizens, includes same-sex spouses. The decision was hailed as a great victory for same sex couples. Yet, overjoyed celebrations may be rushed. If the Luxembourg Court did raise the bar on LGBT rights in Coman, the step forward regarding the recognition of same-sex marriage is a rather small one. At a point in time where certain Member States are introducing a constitutional ban on and others are legalising such marriages, the Court in Coman served as a forum for political battles that crystallise a clear divide within the EU. Continue reading

Inadmissibility decision in Bonnaud and Lecoq v. France – should the Court have recognized the specificity of a same-sex relationship?

By Pieter Cannoot, PhD researcher at the Human Rights Centre of Ghent University

On 6 February 2018, the European Court of Human Rights declared the application of Francine Bonnaud and Patricia Lecoq, two French women who were in a relationship at the time of the relevant facts, manifestly ill-founded. The application concerned the refusal by the domestic courts to grant the request by both women to delegate parental authority over their respective biological child to their partner. Although the Court prima facie seems to have come to a logical decision, the question arises whether the application was accurately framed to deal with the substantive issue at stake, i.e. the discrimination of same-sex couples regarding parental rights. Continue reading