Van Oosterwijck Case

Abstract

State responsibility — Nature and kinds of State responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of domestic remedies — European Convention on Human Rights and Fundamental Freedoms 1950, Article 26 — Whether all available and sufficient domestic remedies exhausted — Pleading Convention before domestic courts — Convention as integral part of municipal law of Contracting States

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights and Fundamental Freedoms 1950 — Article 8 — Respect for private and family life — Article 12 — Right to marry and found a family — Whether violated by civil status accorded to transsexual by Belgian law — Non-recognition of new sexual identity

Article 26 — Exhaustion of domestic remedies — Whether all available and sufficient domestic remedies relating to violations alleged had been exhausted — European Convention as integral part of municipal law of Contracting States — Pleading Convention before municipal courts