Unlawful ban of a demonstration for LGBTI rights

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Genderdoc-M v. Moldova (App no 9106/06)

Briefed on: 6 September 2019 and 11 September 2015

Documents from the 2019 briefing:

  • Memo by Nigel Warner, ILGA Europe

  • Rule 9.2 by ILGA Europe and GENDERDOC-M, July 2019

Documents from the 2015 briefing:

  • Case presented by Doina Ioana Straisteanu, independent human rights lawyer.

  • Judgment of the European Court of Human Court of Human Rights

Case summary: This case concerns an Article 11 violation of the applicant NGO’s right to peaceful assembly on account of the ban on a demonstration planned to be held in Chisinau in May 2005 in front of the Parliament to encourage the adoption of laws for the protection of sexual minorities from discrimination. In addition, the European Court found a lack of an effective remedy on account of the post-hoc character of the judicial remedy available in the
domestic legislation (violation of Article 13 in conjunction with Article 11), and that the applicant NGO had been subjected to discrimination on account of the authorities’ disapproval of demonstrations which they considered to promote homosexuality (violation of Article 14 in conjunction with Article 11).