Article 8 (Respect for family life) -Temporary placement of children in care owing to family’s lack of means and parental neglect - No violation
The investigation carried out by the Belgian authorities after the applicant had lodged a criminal complaint alleging rape and indecent assault - A violation of the procedural aspect of Article 3 (prohibition of inhuman and degrading treatment)
Article 10 (Freedom of expression) Article 14 (Discrimination) - Legislative prohibition on the promotion of homosexuality among minors reinforcing stigma and prejudice and encouraging homophobia - Unjustified difference in treatment between heterosexual majority and homosexual minority
Dissenting / Concurring: Dedov
Refusal of the authorities of the Ministry of Justice to bear the cost of the applicant’s gender reassignment despite medical evidence of urgently needed treatment
Article 14 taken in conjunction with Article 8 - Refusal to grant a paternity leave to the partner of the mother
Refusal of the French authorities to transcribe the Ukrainian birth certificates of surrogate-born children into the French register of births
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) - Arbitrary and discriminatory power of authorities to propose changes in location, time or manner of conduct of a public event - Lack of effective remedy allowing an enforceable judicial decision against authorities’ refusal to approve the location, time or manner of conduct of a public event before its planned date
Article 8 (Respect for family life/Respect for private life) - Refusal to register same-sex marriages contracted abroad
Dissenting / Concurring: Pejchal, Wojtyczek / Koskelo
Article 8 - The case concerned applicants who, acting outside any standard adoption procedure, had brought to Italy from abroad a child who had no biological tie with either parent, and who had been conceived, according to the domestic courts, through assisted reproduction techniques that were unlawful under Italian law
Dissenting / Concurring: Raimondi, Mirjana Lazarova Trajkovska, Ledi Bianku, Julia Laffranque, Paul Lemmens, Yonko Grozev
Article 14 (Discrimination) - Different-sex couple denied access to registered partnership reserved exclusively for same-sex couples - No violation
Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family
Dissenting / Concurring: Ferrer Mac-Gregor Poisot
Prohibition of discrimination on grounds of sexual orientation and age — Payment of a survivor’s benefit to the civil partner — Partnership contracted before the 60th birthday of the member of the scheme
Judge Rapporteur: R. Silva de Lapuerta
Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Judge Rapporteur: M. Safjan
Possibility of weighing, in the specific case, whether it is in the best interests of the minor child to maintain meaningful relations with the biological parent's ex-partner [in particular, following the termination of the homo-affective cohabitation between them]
Legitimate children’s surname - Automatic attribution of the father’s surname even if desired otherwise by the parents [who may so jointly request to give the child also the mother’s surname]
Recognition in Italy of a foreign judgment establishing the child’s adoption by the parent's spouse - Civil partnership between adoptee and biological parent merged in same-sex marriage celebrated abroad
Medically assisted reproduction - Experimental research on human embryos – Ban on clinical and experimental research on human embryos not aimed at protecting the health and at developing the embryo itself
Provisions of international and EU law on so-called ‘gender-based violence’ – Family abuse – Alleged victim of stalking
Italian Cassazione recognizes stepchild adoption in special cases - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples - The sexual orientation of the adoptive parent is not relevant
Custody of children governed by the principle of protection of the best interests of the child - Serious conflict between the parents and the commission of offences by one against the other constitute facts that have a significant influence on the most appropriate custody regime