Identoba and Others v Georgia (Application No. 73235/12)

In brief

The European Court of Human Rights held that the Georgian authorities’ failure to protect participants in a peaceful LGBT International Day Against Homophobia march from a foreseeable violent counter-demonstration violated Article 3 (degrading treatment) read together with Article 14 (non-discrimination), and Article 11 (freedom of assembly) read together with Article 14. The Court emphasised the foreseeability of the violence and the state’s positive obligation to plan adequate protective measures.

Key provisions

• Article 3 + 14 ECHR — positive obligation of protection from foreseeable hate violence: Where homophobic or transphobic violence is foreseeable, state authorities have a positive obligation to plan and implement protective measures; failure to do so engages Article 3 read with Article 14.
• Article 11 + 14 ECHR — freedom of assembly with effective protection: The right to peaceful assembly carries a corollary state duty of effective protection where foreseeable counter-protest threatens its exercise.

When relevant

When assessing safeguarding policies where transphobic harassment or hostile-environment risk is foreseeable. When mapping the boundary between general duty-of-care and specific positive obligation.