Collective agreement which restricts a benefit in respect of pay and working conditions to employees who marry – Exclusion of partners entering into a civil solidarity pact – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Prohibition of discrimination on grounds of sexual orientation – Concept of ‘facts from which it may be presumed that there has been discrimination’ – Public statements ruling out the recruitment of a footballer presented as being homosexual
Judge Rapporteur: A. Ó Caoimh
Minimum standards relating to the conditions for granting refugee status or subsidiary protection status – Well-founded fear of being persecuted on account of membership of a particular social group – Acts sufficiently serious to justify such a fear, legislation criminalising homosexual acts
Judge Rapporteur: L. Bay Larsen
Transferor not less than 55 years old but not yet of normal retirement age at the time of transfer – Concept of ‘normal retirement age’, national legislation determining a retirement age which varies depending on the sex of the applicant and, for women, on the number of children raised – General principles of equal treatment and non-discrimination
Judge Rapporteur: G. Arestis
Right to leave for employed mothers after the birth of a child – Possible use by an employed mother or an employed father – Non-employed mother who is not covered by a State social security scheme – No right to leave for employed father
Judge Rapporteur: M. Safjan
Directive 76/207/EEC, equal treatment for male and female workers & Directive 96/34/EC – Framework Agreement on Parental Leave – Abolishment of officials’ posts due to national economic difficulties, assessment of a female worker who took parental leave as compared to workers who remained in active service – Dismissal at the end of parental leave, indirect discrimination
Judge Rapporteur: M. Safjan
Adoption – Adopted person’s access to information concerning his or her origins – Access to the identity of the biological mother having declared at birth she did not wish to disclose her identity
Involuntary termination of pregnancy offence – (the so-called involuntary abortion) – Medical negligence
Rape and torture by police officials of a woman during detention and arrest for purported involvement in terrorist activities – Violation of the right to privacy, dignity, and to humane treatment
Violation of Article 8 (Respect for family life and private life) - Revocation of adoption while criminal proceedings for suspected child abuse were still pending - Failure adequately to investigate unauthorised disclosure of confidential information or to protect reputation and right to be presumed innocent of parent suspected of child abuse
The applicant had her pregnancy terminated due to the fetus being diagnosed with hydrocephalus - Following complications from the treatment to induce abortion, her doctor had to remove her uterus and ovaries to save her life, leaving her permanently unable to bear children - The Court concluded that the applicant's right to private life was infringed by not involving her in the choice of medical treatment or informing her of the risks, and the State failed to provide a system for redress, thus violating Article 8
Impossibility of second-parent adoption in a same-sex couple - Government's failure to provide convincing reasons for the exclusion second-parent adoption in a same-sex couple, while allowing that possibility in an unmarried different-sex couple, deemed necessary for the protection of the family in the traditional sense or for the protection of the interests of the child, amounts to discrimination
Dissenting / Concurring: Josep Casadevall, Ineta Ziemele, Anatoly Kovler, Danutė Jočienė, Ján Šikuta, Vincent A. De Gaetano, Linos-Alexandre Sicilianos / Dean Spielmann
Continuing failure to provide information concerning fate of newborn baby in hospital care - Violation of Article 8 (Positive obligations/Respect for family life)
Abortion and Voluntary Termination of Pregnancy – Minor pregnant women – Request for termination of pregnancy in the first ninety days
Medically Assisted Procreation - Prohibition on the heterologous fertilisation
Abortion and voluntary termination of pregnancy - Termination of pregnancy in the first ninety days of gestation - Minor pregnant woman
Same-sex couple – Marriage between same-sex people
Penitentiary system – Detainees must have conversations under the visual surveillance of custody staff - Alleged impediment to a full emotional relationship between the detainee and the partner, i.e. the spouse or the de facto cohabiting partner
Conscientious objection - Voluntary termination of pregnancy - Pharmacological abortion
Voluntary termination of pregnancy – Newborn’s right to compensation for damages resulting from his malformed birth - Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error