Legal Briefs

Romanov v Russia - Written submissions of the Equal Rights Trust - 9 March 2018

These proceedings concern a state’s response to attacks, perpetrated by private individuals, which were allegedly motivated by bias against sexual and gender minorities. All attacks took place during, or in the vicinity of, planned public demonstrations by members of Russia’s LGBT+ community. The Trust does not comment on the facts of the cases, but seeks to make submissions which are relevant to the circumstances.

Iachimovschi v Moldova - Joint Written Submission of ERT and ILGA submission - 17 September 2018

The joined applications in these proceedings concern alleged failures by the State Party to protect the applicants against acts of violence by third parties. They raise the issue of whether the authorities have complied with their positive obligation, within the meaning of Article 3 of the Convention, to prevent such violence and to prosecute those responsible for it.

Volodina v. Russia - Written submissions of the Equal Rights Trust - 5 July 2018

These proceedings concern a state’s response to complaints of persistent and serious gender-based violence. This violence was perpetrated by a private actor – the applicant’s ex-partner – and was reported to the police on a number of occasions. The applicant claims that the state authorities failed to protect her against such violence and that the police refused to institute criminal proceedings in connection with the allegations of abuse and battery against the perpetrator.

Khamtokhu and Aksenchik v Russia Equal Right Trust Amicus Curie

On 20 April a hearing took place at the Grand Chamber of the European Court of Human Rights on the case of Khamtokhu and Aksenchik v Russia in which the Court will decide whether two men convicted of crimes in Russia have been victims of gender and age discrimination, due to legislation which allows life sentences to be given only to men between the ages of 18 and 65.

ERT Submission to UN Human Rights Committee on Ukraine

This submission focuses on the extent to which Ukraine has met its obligations to respect, protect and fulfil the right to non-discrimination. Thus, the submission is concerned with Ukraine?s performance under two articles of the Covenant: Article 2(1), which requires that states parties respect and ensure the enjoyment of the rights provided in the Covenant without distinction, and Article 26, which, as the Committee has stated, provides an ?autonomous right? to non-discrimination.

Legal Analysis of Anti-discrimination Legislation in Ukraine

This Legal Analysis of the Law "On Principles of Prevention and Combating Discrimination in Ukraine" was produced by The Equal Rights Trust as part of its ongoing efforts to improve equality laws in Ukraine. The Analysis concludes that the protections contained in the Law are insufficient to meet Ukraine?s obligations under international and European human rights law.

ERT amicus brief Gretel Artavia Murillo et al (?In Vitro Fertilization?) v Costa Rica

This is The Equal Rights Trust's amicus curie brief in the case of Gretel Artavia Murillo et al ("In Vitro Fertilization") v Costa Rica. The brief focused on the discriminatory impact of the total ban on in vitro fertilisation on women and infertile persons. Specifically, the brief argued that the total ban imposed by Costa Rica violated the right to equality and non-discrimination with respect to the rights to privacy and family enshrined in the American Convention on Human Rights.