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Discrimination based on sexual orientation: Klobučar v. Croatia

6 July 2015

The AIRE Centre, together with the International Commission of Jurists (ICJ) and ILGA-Europe (The Lesbian, Gay, Bisexual, Trans and Intersex Association) submitted written submissions in the case of Klobučar v. Croatia (Application no. 28416/14) before the European Court of Human Rights.


The case, which concerns alleged ill-treatment at the hands of state officials motivated by homophobia, provides the Court with an important opportunity to identify the scope of the State Parties’ procedural obligations under the European Convention on Human Rights.

These obligations include the duty to take all reasonable steps to identify whether there has been any discriminatory motive behind the treatment said to be in violation of the Convention based on animus or prejudice against one’s real or imputed same-sex sexual orientation and/or gender identity or expression.

The submissions focus on:

  • The nature and scope of the positive obligations of Contracting Parties under the Convention in respect of allegations disclosing credible evidence of treatment prohibited under Article 3;
  • Same-sex sexual orientation and/or gender identity as a ground of discrimination; and
  • The duty to take all reasonable steps to identify any discriminatory motive in connection with allegations of ill-treatment.

Read our joint submissions here

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