Mobi - Case law of the European Court of Human Rights relating to discrimination on grounds of sexual orientation or gender identity (2015)

The 1950 European Convention on Human Rights is crucial for the definition of the rights of lesbian, gay and transgender persons. The European Court of Human Rights has enshrined these rights in its case law and has played both an essential and a pioneering role at international and European levels by prompting states to make major legislative changes on issues such as sexual orientation and gender identity.

This publication provides a structured insight into the Court’s extensive case law. The first part presents the implementation of general principles, on an article-by-article basis, of the rights which lesbian, gay and transgender persons can claim as enshrined in the Convention (right to respect for private life, right to participate in demonstrations, right not to be subjected to discrimination, etc.).

The second part covers the standard of protection afforded by the Convention to lesbian, gay and transgender persons on an “issue-by-issue” or “field-by-field” basis (sexual freedom, access to employment, justice, adoption, marriage, etc.). It specifies standard solutions applicable across the board at a European level, and those which are decided by the states.

This publication is a handbook for human rights professionals, researchers and students.

Frédéric Edel is Research Fellow at the National School Administration and Teaching Fellow in public law at the University of Strasbourg. He is also a member of the International Institute of Human Rights. He has already published several books with the Council of Europe, in particular: The prohibition of discrimination under the European Convention on Human Rights.