ECtHR: Bednarek v Poland – judg. 10 July 2025 – lack of explicit notion of hate motive in legislation, prosecution, conviction and in determination of punishment – violation

Art 3 (+ Art 14) • Positive obligations • Discrimination on the basis of sexual orientation • Insufficient State response to battery with homophobic overtones committed against the applicants • Treatment to which applicants were subjected reached the threshold of severity to fall under Art 3 • Domestic legal framework did not include sexual orientation among grounds for the commission of hate crime or discrimination offences • Prima facie indications that two of the applicants suffered violence motivated or influenced by prejudice • Despite the authorities investigating and convicting the perpetrators with some consideration to the homophobic context, no charges or prosecution brought for a hate-motivated attack • Attackers’ demonstration of hostility towards applicants due to their perceived sexuality not taken into account in determining punishment • State’s failure to discharge its duty to ensure violent attacks motivated by hostility towards victims’ actual or presumed sexual orientation did not remain without an appropriate response

Judgment : https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-243999%22]}

See : https://www.sexualorientationlaw.eu/documents/80-european-court-of-human-rights

See : https://policehumanrightsresources.org/case-of-bednarek-and-others-v-poland-application-no-58207-14