Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her paid leave equivalent to maternity leave or adoptive leave – Commissioning mother unable to bear a child
Judge Rapporteur: M. Safjan
Minimum standards for granting refugee status or subsidiary protection status — Fear of persecution on grounds of sexual orientation — Differences between, on the one hand, the limitations that apply to the verification of statements and documentary or other evidence as regards the declared sexual orientation of an applicant for asylum and, on the other hand, those that apply to the verification of those elements as regards other grounds for persecution
Judge Rapporteur: L. Bay Larsen
Directive 2006/54/EC, equal treatment of men and women in matters of employment and occupation – Training course for acquiring the status of a public official – Exclusion on grounds of a prolonged absence, absence attributable to maternity leave
Judge Rapporteur: F. Biltgen
Sexual violence criminal offence – Ban on the extenuating circumstance regarding minor offences referred to in the third paragraph of Article 609-bis of the Italian Criminal Code (sexual violence)
Assisted Reproductive Technologies - Bar on heterologous medically assisted reproduction and fines to facilities performing it - Incompatibility with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) private family establishing the right to respect for private and family life and the prohibition of discrimination
Judicial correction of the assigned gender – Effects of the judgment regarding the correction on preexisting marriage – Automatic termination of the civil effects resulting from the registration of the marriage celebrated by religious rite, without the need for an application and judicial decision
Criminal offences and fines - Persecutory acts [the so-called stalking]
Sexual violence committed when forcing someone to perform or be subjected to sexual acts, by means of violence, threats or abuse of authority – Kissing is a sexual act
Obstetric violence – Doctor’s criminal liability - The gynecologist’s performance of inappropriate maneuvers on the patient during childbirth allegedly caused the untimely detachment of the placenta and the resulting very serious injuries to the child
Arbitrary detention and violence against a woman in the context of systematic sexual violence – Ineffective investigations - Violation of the right to dignity, to physical integrity, to judicial protection, and to non-discrimination
Ineffective investigations with many deficiencies after the victim’s mother’s report of the disappearance and later killing of her young minor daughter - Violation of the right to life, to personal integrity, to non-discrimination and the duty of due diligence to prevent and investigate violence against women
The applicant claimed that her doctor’s negligence deprived her of timely medical care, which would have revealed the risk of a genetic disorder in her fetus and allowed her to decide whether to continue the pregnancy - Violation of Article 8
Dissenting / Concurring: Zdravka Kalaydjieva, Paul Mahoney
Refusal to provide applicants with a travel document to enable their child, born abroad as a result of a surrogacy arrangement, to travel back with them to their country of origin - inadmissible
Article 8 (Family life) - Opinion of 11 year old child not taken into account in return proceedings under Hague Convention - No violation
Inability under Turkish law for adoptive mother to have her forename recorded on child’s identity papers in place of the biological mother’s forename - Violation of Article 8 (Positive obligations)
Article 8 (Positive obligations/Respect for family life/Respect for private life) - Refusal to give applicant female identity number following sex change unless marriage was transformed into a civil partnership
Dissenting / Concurring: Ziemele / Sajó, Keller and Lemmens
Article 8 (Respect for family life) - Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case
Refusal to grant legal recognition in France to parent-child relationships that had been legally established in the United States between children born as a result of surrogacy arrangement and the couples who had had recourse to such arrangements - Violation of Article 8
Article 8 (Respect for family life) - Lack of participation of a parent in proceedings concerning the return of his child under the Hague Convention
Refusal to grant legal recognition in France to parent-child relationships that had been legally established in the United States between children born as a result of surrogacy arrangement and the couples who had had recourse to such arrangements - Violation of Article 8 (Respect for private life)