Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU

Here is the inventory of European courts’ cases related to sexual orientation, gender identity, expression, and sex characteristics.

In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members and partners across the region to identify trends and gaps in protection at the European level, which can commonly be tackled through litigation. The inventory can further strengthen cooperation and help guide our work and efforts by others in bringing forward and supporting strategic cases.

This inventory and continuous assessment of the European landscape informs ILGA-Europe’s ongoing engagement in strategic litigation through identification and support of strategic opportunities.

This inventory covers relevant SOGIESC cases from 2010 up until December 2023.

See also

News

Joint statement: EU Court of Justice strengthens trans rights by calling for the automatic recognition in birth certificates

ACCEPT, TGEU and ILGA-Europe welcome today’s decision of the Court of Justice of the EU (CJEU)   said that the refusal of an EU Member State […]
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News

Joint statement: Welcoming European Court judgement on Poland’s failure to protect same-sex couples married abroad

The European Court of Human Rights has found that Poland breached the right to respect for the family life of two same-sex Polish couples married […]
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News

Joint statement: EU Court of Justice Advocate General calls on Hungary to correct trans refugee’s gender marker in national registries

HĂ¡ttĂ©r Society, ILGA-Europe and TGEU welcome an opinion from the Advocate General of the Court of Justice of the European Union stating that Hungarian immigration […]
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News

Joint statement on Italian Constitutional Court ruling on non-binary & trans persons’ rights

ILGA-Europe and TGEU welcome a judgement of the Italian Constitutional Court finding that non-binary peoples’ rights are protected under the Italian Constitution In a judgment […]
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News

Latvia failed to protect human rights of victim of a homophobic attack, european Court finds

The European Court of Human rights has made a judgement in a case where the Latvian authorities declined to prosecute an anti-LGBTI attack as a […]
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News

Joint Statement: Human rights groups regret outcome of European Court ruling on France’s criminalisation policies in relation to sex work

On 25 July, the European Court of Human Rights (ECtHR) ruled in M.A. and Others v. France that there has been no violation of Article […]
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News

Trans woman should have been allowed access to hormone therapy in prison, says European Court

The European Court of Human Rights has found that Poland violated Article 8 of the European Convention on Human Rights, protecting the right to private […]
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News

Joint Statement welcoming European Court ruling that Russia’s trans parent’s foster-care termination violates family rights

In a judgement published yesterday, the European Court of Human Rights found that Russia violated the right to private and family life of a trans […]
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News

Joint Statement: European Court confirms requirement for legal gender recognition in Bulgaria despite rejected complaint

TGEU, ILGA-Europe, Bilitis, and the Bulgarian Helsinki Committee welcome the European Court of Human Rights’ confirmation of Bulgaria’s obligation to provide for reliable legal gender […]
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News

European court hears landmark case on trans rights in Hungary

The Court of Justice of the European Union held a significant hearing today concerning legal gender recognition for trans people in Hungary Today, the Court […]
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News

Joint statement in support of South African athlete Caster Semenya

ILGA-Europe, The International Commission of Jurists and the organisation Intersex International Europe jointly file a third-party intervention before the Grand Chamber of the European Court […]
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News

EU Court of Justice Advocate General calls for automatic recognition of legal gender recognition in birth certificates

In a significant development regarding the rights of trans people in the European Union, the Advocate General of the Court of Justice of the European […]
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News

European court to hear landmark case regarding discrimination against non-binary people

The Court of Justice of the European Union is to decide on lawsuit over the lack of provision of an option for non-binary persons, which […]
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News

Top European Court Strikes Out Case Against Azerbaijan for LGBTI Arrest and Torture

Last week, the European Court of Human Rights decided to strike out A. v Azerbaijan and 23 other applications. The case involved a wave of […]
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News

Significant European Court judgments in two cases concerning violence against LGBTI people involving state agents

Two successful European Court cases brought against Russia underline state obligations to protect LGBTI community from violent counter demonstrators and general hate motivated violence.
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News

Romania failed to protect same-sex couples, European court rules

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.
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Blog

The infringement against Hungary: Behind the scenes

As the deadline for member states to decide whether they will join the European Commission’s lawsuit against Hungary for its introduction of anti-LGBTI legislation fast approaches, we look at the vital work ILGA-Europe has been doing behind the scenes to bring this case before the EU Court of Justice and to bring countries on board.
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Press Release

Romanian transgender man’s landmark case requesting that Romania acknowledges his UK gender recognition referred to the Court of Justice of the European Union

Arian Mirzarafie-Ahi, a transgender man with Romanian and British citizenship, has filed a first-of-its-kind lawsuit in Romania against Romanian authorities over their refusal to recognize […]
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News

European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

Published in 2013 by the Lithuanian University of Educational Sciences and written by the late lesbian writer, Neringa Dangvyde Macate, the book was entitled ‘Amber […]
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News

After Polish Case, CJEU Rules to Protect Self-employed Workers based on Sexual Orientation

In December 2017, a self-employed worker and his partner published a music video on YouTube aimed at promoting tolerance towards same-sex couples. Shortly after the […]
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Press Release

LGBTI organisations welcome EU parental recognition proposal with the best interests of the child at its core

EU-wide parenthood recognition is key in ensuring equal protection for all children in the Union, say ILGA-Europe and NELFA.
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News

Sexual orientation is not a reason to terminate a contract with a self-employed worker, says Advocate General of the CJEU

Today, the Advocate General of the CJEU has issued an opinion in the case of J.K. vs the Polish public broadcaster company TP, stating that discrimination based on sexual orientation in employment is not acceptable under EU law.
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Blog

Update: The Rights of Rainbow Families in the EU

The Court of Justice of the EU has ruled in two occasions over recent months that EU countries must protect the freedom of movement of rainbow families. This is a right all EU citizens should enjoy, LGBTI people too. In today’s blog, we bring you the state of LGBTI people’s family rights in different EU countries.
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News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
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News

Hungary to be Brought Before Top EU Court For its Ban on LGBTI Content

The European Commission has referred Hungary to the CJEU over discriminatory amendments adopted in June 2021, which ban the “portrayal and the promotion of gender […]
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Case Law

A.B. and K.V. v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment Submitted jointly […]
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Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
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Case Law

Macaté v. Lithuania

Freedom of expression, warning labels restricting artistic expression.
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Podcast

Hope and the LGBTI Movement in 2021

It was a year of further lockdowns, of new strains of the COVID virus, and the uncertainty they have brought, and most of all, enormous […]
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Blog

What has 2021 meant to the LGBTI movement in Europe? Listen to our latest podcast episode to find out this year’s highlights

As 2021 comes to an end, we have collected some of the moments, events and trends that have marked the year in the latest episode of The Frontline, ILGA-Europe’s podcast about LGBTI activism and lives in Europe and Central Asia. Read here some of the episode’s highlights and find out reasons to stay hopeful in 2022.
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