List of LGBTQ-related cases before international courts and quasi-judicial bodies


This list contains cases of the European Commission of Human Rights, European Court of Human Rights, Inter-American Court of Human Rights, Inter-American Commission on Human Rights, Court of Justice of the European Union, European Committee of Social Rights and United Nations Human Rights Committee related to LGBTQ people. According to one study of the European human rights system, recognition of an LGBT right by the ECtHR increased the likelihood that other countries in the Council of Europe would adopt the LGBT right as policy.

Council of Europe

European Commission of Human Rights

This table is for cases heard only by the European Commission of Human Rights, a human rights body of the Council of Europe disbanded in 1998. Cases heard by the commission and subsequently the European Court of Human Rights are listed in the next table. Both the commission and the court interpret the European Convention on Human Rights.
Date of rulingCaseNotesOutcome
1955Criminalization of sex between menInadmissible
1975, SeptemberX. v. Germany Criminalization of sex between menInadmissible
1977, DecemberX. v. Germany Gender reassignment and its consequencesFriendly settlement
1982, MayX. Ltd. and Y. v. United Kingdom Freedom of assembly, expression and associationInadmissible
1983, May Deportation of one member of a same-sex coupleInadmissible
1983, October Criminalization of homosexual acts between soldiersInadmissible
1986, May Right to remain in a tenancy after partner's deathInadmissible
1986, JulyCriminalization of homosexual sex partiesInadmissible
1987, JulyDeportation of one member of a same-sex coupleInadmissible
1988, March Criminalization or detentionInadmissible
1988, May Freedom of assembly, expression and associationInadmissible
1988, December Gender reassignment and its consequencesNo violation
1989, March Gender reassignment and its consequencesNo violation
1989, October Residence permits, asylum and extraditionInadmissible
1989, November Refusal of marriage of transgender woman to another womanInadmissible
1990 Residence permits, asylum and extraditionInadmissible
1992 Refusal of second parent adoption to a lesbian coupleInadmissible
1992 Age of consentInadmissible
1995 Age of consentStruck out due to change in UK law
1995 Age of consentInadmissible
1996 Housing tenure, social and employer's benefitsInadmissible
1997 Criminalization of sex between menViolation of article 8 based on the court's finding in Modinos v. Cyprus
1997 Gender reassignment and its consequencesInadmissible
1997Gender reassignment and its consequences-
1997Gender reassignment and its consequencesInadmissible
1998 Residence permits, asylum and extraditionStruck out
1998Dress codeInadmissible

European Court of Human Rights

A 2021 examination of the ECtHR's rulings on people seeking asylum on the grounds of their sexual orientation between 1990 and 2019 found that of 23 cases, 20 were declared inadmissible, 2 were denied, and one violation was found. This does not count cases that were struck out.

Concluded cases

ILGA-Europe maintains a list of recently concluded ECtHR cases and their execution status.

European Committee of Social Rights

The European Committee of Social Rights issues judgements based on the European Social Charter, a Council of Europe treaty.
Date of rulingCaseTopic
2009INTERIGHTS v. Croatia -

European Union

All European Union member states are also members of the Council of Europe and subject to the ECtHR.

United Nations

United Nations Human Rights Committee

The United Nations Human Rights Committee oversees the International Covenant on Civil and Political Rights.
Date of rulingCaseTopic
1985 Freedom of assembly, expression and association
1994Toonen v. Australia Criminalization or detention
2002 Registration of partnership
2003 Housing tenure, social and employer's benefits
2005X. v. Colombia-
2012Fedotova v. RussiaFreedom of assembly, expression and association
2014Praded v. Belarus Freedom of assembly, expression and association
2016Androsenko v. Belarus Freedom of assembly, expression and association
2017G. v. Australia Gender reassignment and its consequences
2017C. v. Australia Prohibition of access to divorce proceedings for same-sex couples married abroad
2018Kirill Nepomnyashchiy v. Russia Freedom of assembly, expression and association
OngoingAlekseyev v. Russia, No. 1873/2009

Literature