| Applicant name | YEVSTIFEYEV AND OTHERS |
| Applicant type | natural person |
| Number of applicants | 4 |
| Country | RUSSIA |
| Application no. | 226/18 236/18 2027/18 |
| Date | 03/12/2024 |
| Judges | Ioannis Ktistakis, President, Peeter Roosma, Lətif Hüseynov, Andreas Zünd, Oddný Mjöll Arnardóttir, Diana Kovatcheva, Mateja Đurović |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation 8+14 |
| Reason | Positive obligation |
| Type of privacy | Procedural privacy; bodily privacy |
| Keywords | Procedural requirments |
| Facts of the case | The applicants complained that the domestic authorities had failed to comply with their obligation to respond adequately to statements that discriminated against them based on their sexual orientation and to secure respect for their “private life” as required by Articles 8 and 14 of the Convention. They also complained under Article 13 of the Convention that they did not have at their disposal an effective domestic remedy for their Convention complaints. |
| Analysis | In sum, the domestic authorities failed to comply with their positive obligation to respond adequately to the verbal assault and physical threats motivated by homophobia directed against the applicants. Failure to address such incidents can normalise hostility towards LGBTI individuals, perpetuate a culture of intolerance and discrimination and encourage further acts of a similar nature. There has accordingly been a violation of Article 14 of the Convention taken in conjunction with Article 8. |
| Other Article violation? | – |
| Damage awarded | Holds (a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 7,500 (seven thousand five hundred euros) to each of the applicants in applications nos. 226/18, 236/18 and 2027/18, plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points; |
| Documents | Judgment |