Tag: Article 8

Association Accept and Others v Romania

Posted on | by Aileen McColgan KC | Leave a Comment on Association Accept and Others v Romania

ECtHR, Fourth Section, App. No.19237/16, [2021] ECHR 19237/16, 1 June 2021

Judge Grozev (President), Judges Vehabović, Motoc, Harutyunyan, Kucsko-Stadlmayer, Vilanova, Martins

The ECtHR ruled that Romania had breached the Article 14 rights of the individual applicants and the applicant association by failing to protect them from demonstrators who were permitted to disrupt the showing of a film with “homosexual overtones”, and by failing to take adequate measures against those involved. In reaching this conclusiont he Court inferred from the authorities’ failures “a certain bias against homosexuals”. The applicant association was not recognised as having standing in relation to the claim insofar as it was based on Article 8  but was recognised for the purposes of the claim under Article 14 and 11.  Nor did the Court accept that the threshold for the application of Article 3 was met by verbal abuse alone. It declined to consider the claim under A1P12. Continue reading →

R (McConnell & Anor) v Registrar General for England and Wales

Posted on | by Aileen McColgan KC

Court of Appeal: Lord Burnett CJ, Singh and King LJJ, [2020] EWCA Civ 559, [2020] 2 All ER 813, 29 April 2020 

The Court of Appeal rejected the claim that sex as recorded in a gender recognition certificate determines a person’s status as mother or father of a child. The claimant, who was registered as female at birth but subsequently acquired a gender recognition certificate, wished to be recorded as  the father, “parent” or “gestational parent” of the child to whom he had given birth.The Registry Office insisted that the claimant be registered as the child’s “mother”, albeit under his (male) name. His application for judicial review of the refusal to grant a birth certificate in such terms failed and the Court of Appeal rejected his appeal.

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