Police failure to prevent far-right invasion of gay film screening and homophobic abuse – Violation of Art. 14 ECHR taken in conjunction with Art. 8 ECHR and Art. 14 ECHR taken in conjunction with Art. 11 ECHR.

EUROPE: RIGHT TO FAMILY LIFE

European Court of Human Rights, judgment, 1 June 2021, Association Accept and others v. Romania (Application no. 19237/16).
«The case concerned a demonstration that had occurred at a screening of a film involving a same-sex family during the applicant association’s LGBT History Month in February 2013. The other five applicants had attended the screening. Although the police had provided some protection, the cinema had been invaded by protestors, allegedly carrying far-right paraphernalia. Cinemagoers had been verbally abused. Complaints by the applicant association and the other applicants to prosecutors had not led to indictments. Following a court complaint, it had been adjudged that there had been no evidence to sustain beyond reasonable doubt that fascist symbols had been displayed in public. The Court found in particular that the police had failed to prevent the homophobic slurs and to ensure that the event could take place, despite adequate presence at the scene. It also found that the investigation had not taken reasonable steps to investigate the homophobic abuse directed at the applicants.»

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)

FRI - Gender Law Newsletter 2021#3 - IV.2