International adoption – Unnecessary interference in a democratic society of the provision preventing single persons from applying for the declaration of suitability to adopt and the judge from issuing a decree of suitability for international adoption – Constitutional illegitimacy of art. 29-bis, par. 1 of law no. 184 of 4/05/1983
Fault-based divorce attributed exclusively to the applicant for failure to fulfil 'marital duties' on the grounds that she had ceased to have sexual relations with her husband - Concept of 'marital duties' runs counter to sexual freedom, the right to bodily autonomy and the states' obligation to prevent and combat domestic and sexual violence - Violation of Article 8
Art 8 • Positive obligations • Failure to protect a fourteen-year-old girl from sexual abuse • Domestic legal framework, as applied by the domestic authorities, did not afford effective protection
Art 3 and Art 8 (substantive and procedural) Respondent State having failed to effectively apply a criminal system capable of punishing non-consensual sexual acts by minors - Art 14 (+ Art 3 and Art 8) “Secondary victimisation” of one of the minors due to her exposure by the national authorities to guilt-inducing, moralising remarks conveying sexist stereotypes
Art 5 (Deprivation of liberty) - Imposition of a security measure of continued detention on the applicant on mental health grounds fell short of guarantees against arbitrariness
Art. 2 - Failure of the national authorities to fulfil their positive obligation to protect the applicant's life from violence by her partner - Acts qualified as violence against women - Lack of sufficient coordination between the various services and shortcomings in the applicable domestic law
Dissenting / Concurring: Von Werdt, Mourou-Vikstrom / Felici, Šimackova / Elosegui
Art 8 • Family life • Decision to grant final adoption order in respect of a child already subject to a placement order, against the wishes of his mother, who has a history of mental health support needs, formally severing the biological ties and creating legal ties with the adoptive family
Articles 8 (right to respect for private and family life), 10 (freedom of expression) and 14 (prohibition of discrimination) - Qualified English and Polish gay teacher, author of an illustrated diary on an internet website for adult gay men, asked to stop by the school principal - Removal from his position as a teacher following a decision of the Disciplinary Commission for breaching 'the dignity of the teaching profession' - Violation of Article 10
Dissenting / Concurring: Joint Dissenting Opinion of Judges Wojtyczek, Paczolay and Poláčková
Articles 3 (prohibition of torture and inhuman or degrading treatment) and 8 (right to respect for private life) - Persecution and harassment of the applicant by her former partner and the ensuing criminal proceedings - Ineffective criminal investigations and non-compliance with procedural safeguards - Violation of Article 3
Article 3 (lack of effective investigation) and Article 8 (right to respect for private and family life) - Failures in the investigation - Prejudicial gender stereotypes and victim-blaming attitudes
Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Judge Rapporteur: N. Piçarra
Qualification for refugee status – ‘Membership of a particular social group’ – Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State
Judge Rapporteur: N. Piçarra
Social policy, Directive (EU) 2019/1158, balance between working life and private life of parents – Single-parent family, equal treatment with two-parent families – Extension of maternity leave
Judge Rapporteur: A. Prechal
Judicial correction of the assigned gender – Possibility to assign a ‘third gender’ other than male or female gender – Alleged violation of the principle of equality, the right to personal identity, the right to health and the right to private and family life
Rights and protections of family member working continuously in the family or family business – Inclusion of de facto cohabiting partner – Violation of fundamental personal rights, unequal treatment and the right to work and fair pay
Civil partnership – Automatic dissolution of civil partnership in case of judicial correction of one party’s assigned gender – The judge suspends the effects of the civil partnership until the celebration of the marriage and, in any case, not later than one hundred and eighty days from res judicata of the gender rectification judgment, if the two parties express, personally and jointly, their intention to marry until the required hearing
Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts
Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis
Sexual violence and criminal offences against sexual freedom – Gang rape