Equal treatment in employment and occupation, conditions for access to self-employment, employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work, termination and non-renewal of contract, freedom to choose a contracting party
Judge Rapporteur: M.L. Arastey Sahún
Penitentiary system – Possibility to have a conversation with the spouse, i.e. a party of a civil partnership, a de facto cohabiting partner or a person in a stable emotional relationship, without visual surveillance if, in consideration of the detainee’s behavior, there are no security problems or the need to maintain order and discipline, nor, judicial reasons - Disproportionate violation of personal dignity, of the principles protecting family ties and the detainee’s and his family members’ psycho-physical health
Assisted Reproductive Technologies – A man withdrew his consent to the implantation of a fertilised embryo into a woman’s uterus after the embryo has been fertilized – Alleged violation of the principle of equality as well as the right to self-determination and the conventional right to respect for private and family life
Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)
Law enforcement - Winners absent from work for maternity leave - Violation of equal treatment between women and men and of the special protection of mothers and children
Equal treatment for men and women – Part-time work - Workers of one sex are at a particular disadvantage compared to workers of the other sex
Aggravated abuse criminal offence - Women reporting violence with a clear intent to manipulate the legal system
Persecutory acts [the so-called stalking] - Notion of harassment relevant to the crime of stalking - Creation of an intimidating and hostile climate capable of compromising the offended person's peace of mind and psychological freedom
Female workers - Women workers - Direct discrimination on grounds of sex - Dismissal of an employee because of her pregnancy
Indirect discrimination not to employ a woman for reasons of physical unfitness due to short stature – Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women
Sexual violence criminal offence - The mere lack of consent, not the manifestation of dissent, is required for the commission of the crime of sexual violence
Harassment in the workplace - Harassment is unwanted conduct on grounds of sex with the purpose or effect of violating the dignity of an employee and creating an intimidating, hostile, degrading, humiliating or offensive environment
Rejection of the registration in Italy of the birth certificate of a child – conceived through recourse to heterologous medically assisted reproduction and born in Italy - naming the intended parent as the child's parent - The legislator has restricted access to heterologous medically assisted reproduction to situations of pathological infertility, which does not include same-sex couples
Adoption of a child by same-sex couples - Assessment of withdrawal of consent to adoption by the biological parent - Assessment of the child's best interests
Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Recognition of judgment delivered by foreign judge regarding intended mother’s full adoption of a child, biological son of one of the two partners of a female same-sex couple married abroad – Request for transcription of foreign birth certificate – Child born abroad by medically assisted reproduction
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Dissolution of civil partnership - Necessary prerequisites for entitlement to an allowance
Protection of women against all forms of violence – Family abuse - Repeated behaviour aimed at physically or psychologically damaging the dignity and identity of the offended person by restricting her self-determination
Sexual violence criminal offence -The Court considers sexual violence also when sexual intercourse is consummated even if only by taking advantage of the state of prostration, distress or diminished resistance in which the victim is reduced