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
Sexual violence committed also in cases where it takes place between spouses – Family abuse committed in cases of deprivation of financial means
Registration in Italy of a foreign birth certificate establishing two same-sex parents – Foreign birth certificate recognizing the child has two mothers
Sexual violence committed even when someone uses violence or threats to force a prostitute to engage in non-consensual sexual intercourse - Irrelevance of the circumstance that the victim engages in prostitution as the right to respect for sexual freedom is independent of personal conditions and qualities
Prosecutability ex officio – Sexual violence criminal offence and persecutory acts - Convicted and attempted sexual assault and stalking of wife would be prosecutable ex officio if there is a Police Commissioner's warning
Non-consensual explantation of oocytes from a woman's ovaries in order to unfairly profit and to implant embryos in other patients - Offence of private violence - Oocytes not considered ‘things’
Voluntary termination of pregnancy – Illegal abortions performed in private doctor’s office for a fee
Denial of the survivor's pension to his cohabiting gay partner being provided for heterosexual partnership or married couples only - Violation of the right to equal protection
Dissenting / Concurring: Ventura Robles / Vio Grossi
Dismissal of a military police officer pursuant to the army's rules of discipline prohibiting homosexual acts is incompatible with the Inter-American system's principles of equality and non-discrimination