Maternity allowance - Possibility of cumulating the maternity allowance of the self-employed mother with the days off taken by the employed father
Stalking – Within stalking acts, possibility of deriving evidence of psychological disturbance from the victim's statements - Causing in the offended person a serious and enduring state of anxiety or fear
Principle of non-discrimination - Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006: “it is also appropriate to make express provision for the protection of the employment rights of women on maternity leave and in particular their right to return to the same or an equivalent post, to suffer no detriment in their terms and conditions as a result of taking such leave and to benefit from any improvement in working conditions to which they would have been entitled during their absence”
Different treatment of women justified on maternity grounds - Prohibition of dismissal on grounds of marriage applies only to the female employee
Attempted non-consensual termination of pregnancy - Acts unequivocally aimed at terminating the pregnancy in progress by causing injury
Gang rape – Victim’s voluntary consumption of alcohol or drugs - Abuse of mental or physical inferiority
Same-sex couple – Registration in Italy of a foreign judgment attributing the parenthood to two men
Doctor’s criminal liability - Pregnancy at risk and culpable injury caused to the newborn child during delivery - Gynecologist and obstetricians’ possible co-responsibility in overlooking signs of fetal distress
Forced taking of the so-called ‘date rape drug’ - Sexual violence aggravated by the abuse of the victim's impaired psychophysical condition due to drug use
State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months
Absence of proper institutional oversight over and inadequate regulation of adoption procedures – Decision to separate children from their biological family based on discriminatory justifications regarding their economic situation, gender-based stereotypes about parental responsibilities and their grandmother’s sexual orientation
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Article 14 and Article 8 - Refusal to prosecute authors of serious homophobic comments on Facebook including undisguised calls for violence - Authorities’ failure to investigate effectively whether impugned comments constituted incitement to hatred and violence
Refusal by the domestic courts to grant the request by two women to delegate parental authority over their respective biological child to their partner - Manifestly ill-founded
A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible
Impossibility to contest the paternity of a child born during his marriage to the mother - Violation of Article 8
Erroneous prenatal diagnosis - Violation of Article 8
Dissenting / Concurring: Paul Lemmens