Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model
Dissenting / Concurring: Wojtyczek
Violation of the right to free legal assistance due to the state's failure to ensure it to the applicant serving a sentence of thirty years imprisonment for the offence of rape
Prohibition of discrimination based on sexual orientation — Public statements ruling out recruitment of homosexual persons
Judge Rapporteur: I. Jarukaitis
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Medically assisted reproduction – Alleged unequal treatment with respect to the use of heterologous medically assisted fertilisation, and violation of the principles of individual responsibility, social solidarity and protection of the personal identity of the child
Candidates on compulsory maternity leave - Violation of the special protection of mothers and children
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Participation of the gestational mother in the trial for the recognition of the foreign order concerning the registration of non-biological parent (the so-called intended parent) in the birth certificate of a child born abroad through surrogacy
Family abuse - Insulting, denigrating and violent behaviour leading to a constant climate of tension and fear within the domestic environment - Failure to object to sexual intercourse with one's spouse for fear of even more detrimental consequences does not constitute a mitigating factor
Sexual violence criminal offence - For the aggravating circumstance referred to in Article 609 ter(1)(2) of the criminal code to be applicable, the use of alcoholic or narcotic substances must depend on a giving carried out or facilitated by the defendant and whose purpose must be the performance of sexual acts
Family abuse - Exclusion of the extenuating circumstance of provocation in the offence of family abuse - Incompatibility of the extenuating circumstance of provocation with an offence including a habitual behaviour
Violation of women’s right to self-determination relating to termination of pregnancy – Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error Requirements to perform therapeutic abortion – Failure to inform of possible foetus’ malformations
Sexual violence criminal offence - Deposition of the offended person in the current procedural system - Subjective credibility and reliability of the narration
Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Acts specifically directed against a gender
Conscientious objection - Voluntary termination of pregnancy - Pharmacological abortion
Recognition of humanitarian and international protection - Pregnant women are vulnerable - Verification of the applicant's ‘vulnerable’ status for the purposes of granting a residence permit for humanitarian reasons
Lawful dismissal in case of conviction for private violence and telephone harassment
Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate
The offence of sexual violence is committed even in the absence of physical contact with the victim - Sexual acts with a minor - Threats to coerce a minor into exchanging sexually explicit selfies and messages