Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country. Website: www.echr.coe.int/Pages/home.aspx?p=home

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Selected filters: Persecution on the basis of sexual orientation or gender identity

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CASE OF RANA v. HUNGARY (Application no. 40888/17) The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not have a birth certificate from Hungary, a change in the birth register being the way name and gender changes were legally recognised. The Court concluded that a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life owing to the refusal to give him access to the legal gender recognition procedure. 16 July 2020 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Legal Instrument: 1950 European Convention on Human Rights (ECHR) \| Topic(s): Birth Certificates - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life \| Countries: Hungary - Iran, Islamic Republic of
M.E. v. Sweden (Grand Chamber) 8 April 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Security situation \| Countries: Libya - Sweden
M.E. v. Sweden 26 June 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life \| Countries: Libya - Sweden
X c. Turquie 9 October 2012 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Pre-trial detention - Prison or detention conditions \| Countries: Türkiye
Fact sheet - Hate Speech February 2012 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Case Law Compilations/Analyses

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