New article on the ECHR and sexual orientation discrimination in Central and Eastern Europe

I have a new article, written with Dr Silvia Falcetta, coming out soon in European Human Rights Law Review which considers the role of the European Convention on Human Rights in shaping equality on the grounds of sexual orientation in 22 Central and Eastern European (CEE) states.

The article examines the role of the Convention in developing sexual orientation equality in CEE states at the international level, through the work of the bodies and organs of the Council of Europe, and the European Court of Human Rights.

We pay particular attention to how the Court has responded to and addressed complaints brought by individuals under the Convention about sexual orientation discrimination in CEE states and, crucially, the extent to which the Court has developed Convention jurisprudence to enhance the protection of sexual minorities in those states.

To date, as shown in Figure 1 below, 50 cases concerning sexual orientation discrimination in 12 CEE states have either been judicially disposed of or have been communicated by the Court.

Cases against CEE states have progressively increased since the first application was lodged in 2000. The issue that dominates cases concerning sexual orientation discrimination in CEE states - and is raised in 30 of the 50 cases - is the discrimination and ill-treatment that sexual minorities encounter as a result of exercising, or attempting to exercise, the right to freedom of expression and freedom of assembly and association.

The Court has, to date, issued 14 judgments concerning sexual orientation discrimination in eight CEE states, in which it has found violations of the Convention. In respect of some cases brought against CEE states by gay men and lesbians, the Court has been required to consider aspects of sexual orientation discrimination that it has hitherto not considered and, as a result, evolve its jurisprudence to address such discrimination under the Convention.

The article will be published soon. If anyone would like a copy and is unable to obtain it, please drop me an email.