33/2025, CC, 20/01/2025
Court: Corte Costituzionale
 | 2025

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

H.W. v. France, ECtHR, 13805/21, 23/01/2025
Court: European Court of Human Rights
 | 2025

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

L. and Others v. France, ECtHR, 46949/21, 24989/22 and 39759/22, 24/04/2025
Court: European Court of Human Rights
 | 2025

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

N.D. v. Switzerland, ECtHR, 56114/18, 03/04/2025
Court: European Court of Human Rights
 | 2025

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

N.S. v. The United Kingdom, ECtHR, 25/03/2025
Court: European Court of Human Rights
 | 2025

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

P. v. Poland, ECtHR, 56310/15, 13/02/2025
Court: European Court of Human Rights
 | 2025

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

P.P. v. Italy, ECtHR, 64066/19, 13/02/2025
Court: European Court of Human Rights
 | 2025

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

143/2024, CC, 03/07/2024
Court: Corte Costituzionale
 | 2024

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

148/2024, CC, 04/07/2024
Court: Corte Costituzionale
 | 2024

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

66/2024, CC, 22/02/2024
Court: Corte Costituzionale
 | 2024

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