International Human Rights Law Cases
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| Yildirim v. Austria | CEDAW, 2007, dom. violence, state ratified CEDAW and the optional protocol, failed in its due diligence obligations, violation of art. 2 (duty to pursue policy eliminating discrim) and art. 3 (duty to take appropriate measures for advancement of women)
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| McCann v. UK | ECtHR, 1995, IRA members shot dead in Gibraltar, claimed breach of art. 2 b/c premeditated (no violation) not absolutely necessary (no violation) and operation wasn't planned to minimize force (yes violation)
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| Gafgen v. Germany | ECtHR, 2010, G.Chamber: torture threats fall under art. 3, the police weren't punished enough to meet art. 3, 3 yr delay breached right to remedy for torture, no violation on the admission of evidence (body) obtained by torture b/c evidence not material
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| Giuliani and Gaggio v. Italy | ECtHR, 2009, No violation Art. 2 substantive aspect (excessive use of force), No violation Art. 2 substantive aspect (positive obligation to protect life), Violation of Art. 2 in its procedural aspect (early cremation), G.C. 2011 - no violations?
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| Vo v. France | ECtHR, 2004, hospital mix-up caused miscarriage, court said questions of fetal life must be settled at the state level b/c CoE members disagree on when life begins and there is no scientific consensus, margin of appreciation
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| Baby Boy Case | ACHR, 1981, commission was evaluating whether US abortion laws contravened right to life, ruled no violation b/c "in general"
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| Opuz v. Turkey | ECtHR, 2003, domestic violence case where mother of Opuz shot dead by SIL, court found state responsible b/c they should have foreseen a lethal attack
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| Oneryildiz v. Turkey | ECtHR, 2004, court ruled state failed to protect citizens from risks stemming from dangerous activities, landfill methane explosion killed 39
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| Osman v. UK | ECtHR, 1998, teacher obsessed with son, kills father, court found that authorities ought to have known about the threat to life, "judged reasonably" should have avoided that risk
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| Rodriguez v. Honduras | IACtHR, 1996, famous kidnapping case, due diligence to investigate regardless of who the perpetrators are, key to establishing principle of due diligence
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| Pretty v. UK | ECtHR, 2002, court ruled no right to die
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| Soering Case | ECtHR, 1989, court ruled UK could not extradite to US b/c violation of art. 3, death row phenomenon
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| Ocalan v. Turkey | ECtHR, 2005, court ruled that Turkey had violated art. 3, 5 & 6 of the ECHR by granting Öcalan no effective remedy to appeal his arrest and sentencing him to death without a fair trial
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| Aydin v. Turkey | ECtHR, 1997, rape as torture
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| Selmouni v. France | ECtHR,1999, prisoner beaten and sexually assaulted, court ruled France in violation of art. 3
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| Zwaan-de Vries v. The Netherlands | HRCtee, 2013? (happened 80s), discrimination of social benefits (excluded married women from unemployment), art. 26 ICCPR, basis for the HRC's General Comment on Art. 26- broad scope, any legislation
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| Dumeric v. Serbia and Montenegro | HRCtee, racial discrimination against Roma
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| Case of A, B, and C | ECtHR, 2010, pregnant Irish cancer patient sought info on the risk to her life b/c pregnancy, was denied, court ruled this violated her right to life
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| Raquel Marti de Meja v. Peru | IACHR, rape and intimidation by member of security forces violated art. 5 ACHR
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| Miguel Castro-Castro Prison v. Peru | IACtHR, femaile detainees forced to remain naked under male guard a form of sexual violence, violates art. 5 ACHR
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| AT v. Hungary | CtEDAW, domestic violence, national legislation didn't provide for restraining orders, found breach of CEDAW art. 2 (need for state policy to end discrimination)
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| M.C. v. Bulgaria | ECtHR, 14 y.o. girl raped, couldn't prosecute b/c bad rape definition, use of force rather than consent, state failed in due diligence obligations under art. 3 ECHR
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| Handyside v. UK | ECtHR, first margin of appreciation case, book with sex ed, court let some states limit freedom of expression/ the book b/c convention will be interpreted differently by different states b/c cultural, historic, and philosophical differences
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