{"id":3868,"date":"2025-01-08T09:47:21","date_gmt":"2025-01-08T07:47:21","guid":{"rendered":"https:\/\/lexcovery.com\/2025\/01\/case-of-minasyan-and-others-v-armenia\/"},"modified":"2025-01-08T09:47:21","modified_gmt":"2025-01-08T07:47:21","slug":"case-of-minasyan-and-others-v-armenia","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2025\/01\/case-of-minasyan-and-others-v-armenia\/","title":{"rendered":"CASE OF MINASYAN AND OTHERS v. ARMENIA"},"content":{"rendered":"<p>The case concerns a series of discriminatory articles published by an Armenian newspaper targeting LGBT rights activists. The European Court of Human Rights found violations of Articles 8 and 14 of the Convention. The essence of the decision is that Armenia failed to protect LGBT rights activists from hate speech and discrimination when a newspaper published articles calling them &#8216;enemies of the state&#8217; and inciting discrimination against them based on their activism and perceived sexual orientation. The main provisions of the decision include: <\/p>\n<ul>\n<li>The Court found that Article 8 (right to private life) was applicable as the articles constituted serious attacks targeting the applicants&#8217; psychological well-being, dignity and reputation<\/li>\n<li>Article 14 (prohibition of discrimination) was also applicable as the attacks were motivated by hostility towards the LGBT community<\/li>\n<li>The domestic courts failed to properly balance freedom of expression against protection from hate speech and discrimination<\/li>\n<li>Armenia lacked an effective legal framework to protect against homophobic hate speech and discrimination<\/li>\n<li>The Court awarded \u20ac2,000 to each applicant in non-pecuniary damages<\/li>\n<\/ul>\n<p> The most important aspects for implementation are: <\/p>\n<ul>\n<li>States must provide effective legal protection against hate speech and discrimination based on sexual orientation<\/li>\n<li>Courts must properly assess discriminatory motives and balance competing rights when dealing with hate speech cases<\/li>\n<li>Civil remedies must be effective both in theory and practice in protecting against hate speech<\/li>\n<li>Media freedom does not protect speech that promotes hatred and discrimination against minorities<\/li>\n<\/ul>\n<p><a href=\"https:\/\/hudoc.echr.coe.int\/?i=001-240280\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The case concerns a series of discriminatory articles published by an Armenian newspaper targeting LGBT rights activists. The European Court of Human Rights found violations of Articles 8 and 14 of the Convention. The essence of the decision is that Armenia failed to protect LGBT rights activists from hate speech and discrimination when a newspaper&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[129,42],"tags":[],"class_list":["post-3868","post","type-post","status-publish","format-standard","hentry","category-echr-decisions","category-eu-legislation-important","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/3868","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=3868"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/3868\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=3868"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=3868"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=3868"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}