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
Recruitment of hundreds of female and male workers from low-income communities to work in a privately-owned cattle ranch with the promise of good salaries followed by forced labor and servitude, inhumane working and deplorable living conditions, including withholding of wages, threats and violence under the constant vigilance by armed guards - Violation of the right to freedom from slavery and trafficking, to judicial protection, and to effective remedy
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto
Illegal and arbitrary detention, and killing of women human rights defenders in a context of systematic gendered violence - Violation of the right to life, to dignity, and to freedom and security
Dissenting / Concurring: Ferrer Mac Gregor-Poisot / Vio Grossi
Article 14 (Discrimination) - Difference in rights to retrospective survivor’s pension between same-sex couples and unmarried different-sex couples - No violation
Dissenting / Concurring: Keller