Thursday, 2 January 2014

Happy New Year and updated cases list

Happy New Year 2014!

I have uploaded an updated 'sexual orientation case list' which can be found here:

https://docs.google.com/file/d/0ByFm9fY-KH05bl8xekNXdGc2Zkk/edit

As ever, please let me know if there are any inaccuracies. 

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For the first time, I have included Zontul v Greece in the list of cases. Although the applicant in this case is a homosexual, and although the Court found a violation of Article 3 in respect of his complaint about treatment whilst in detention (rape) and the response of public authorities to it, the issue of sexual orientation discrimination was not considered a relevant aspect by the Court. Whilst the applicant argued that his sexual orientation motivated the rape, the twin issues considered by the Court - regarding the acts committed against him and the subsequent treatment of the offender by the criminal justice system - it did not consider the issue of sexual orientation. In the Court's legal summary and press release and in other independent summaries (for example: by the Netherlands Institute of Human Rights) the issue of homosexuality or sexual orientation is not mentioned. However, whilst the Court does not deal with the issue of homosexuality or sexual orientation in its judgment, I now include it in the list on the basis that the judgement does address the important issue of the rape of a male as a form of torture. Therefore, although the judgment in X v Turkey remains the only judgment by the Court in which a complaint relating to sexual orientation discrimination under Article 3 (and 14) has been upheld - for details see my previous posts, and Antoine Buyse's commentary on the ECHR Blog - Zontul v Greece can be regarded as important in respect of how public authorities deal with the rape of men (whether or not they identify as, or are perceived to be, gay).

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