Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) – Excessive use of force by the police during a peaceful demonstration – Obligation to respect fundamental rights by public authorities in the context of public demonstrations
The German courts’ refusal to allow a man to challenge another man’s paternity - No violation
Obstructive behaviour of local authorities in not returning embryos seized pursuant to investigation subsequently acknowledged by domestic court - No violation
Article 14 (Discrimination) - Difference in treatment between male and female military personnel regarding rights to parental leave
Dissenting / Concurring: Pinto de Albuquerque / Kalaydjieva / Nußberger, Fedorova / Popović
The applicants, a married couple, were foster parents to a boy - After the child's biological mother regained custody, they were denied access and visiting rights, and they complained that the Austrian courts, after three and a half years of proceedings, ruled that granting visitation was no longer in the child's best interests - Violation of Article 8
The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8
Violation of Article 8 (Disclosure of information by public hospital about a pregnant minor who was seeking an abortion after being raped; Medical authorities’ failure to provide timely and unhindered access to lawful abortion to a minor who had become pregnant as a result of rape) - Violation of Article 5 (Placement of pregnant minor in juvenile shelter to prevent her from seeking abortion following rape) - Violation of Article 3 (Harassment of minor by anti-abortion activists as a result of authorities’ actions after she had sought an abortion following rape)
Dissenting / Concurring: Vincent A. De Gaetano
The applicant’s complaint that, raped at the age of 13, the authorities took more than 15 years to complete the ensuing investigation and she had no remedies against their reluctance to prosecute her aggressors - A violation of the authorities’ obligation under Article 3 (prohibition of inhuman and degrading treatment)
Lack of diligence by domestic authorities in executing court order granting biological father custody of abducted child - Violation of Article 8
Article 10 (Freedom of expression) - Convictions for circulating homophobic leaflets at school - No violation
Dissenting / Concurring: Spielmann, Nußberger / Zupančič / Yudkivska, Villiger
Article 3 (Degrading treatment/Inhuman treatment) Article 14 (Discrimination) - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners
Dissenting / Concurring: Jočienė
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi
Occupational pension scheme in the form of a supplementary retirement pension for former employees of a local authority and their survivors – Method of calculating that pension favouring married recipients over those living in a registered life partnership – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Fundamental rights, Combating discrimination – Equal treatment for men and women, sex as a factor in the assessment of insurance risks – Private life assurance contracts – Directive 2004/113/EC, Article 5(2), Derogation not subject to any temporal limitation
Judge Rapporteur: E. Juhász
Equal treatment for men and women in matters of social security – Exclusion from entitlement to the compensatory supplement of pensioners whose income, including that of the spouse forming part of their household, exceeds that standard amount – Indirect discrimination against women
Judge Rapporteur: A. Prechal
Working mothers – Hypothesis of premature birth and admission of the newly born child to a public or private hospital – Right of the working mother to benefit from all or part of the mandatory period of leave to which she is entitled from the time the child enters the family home, upon request and where compatible with her state of health attested by medical documentation
Medically assisted procreation - Refusal to admit a prisoner in solitary confinement and rigorous imprisonment (Italian art. 41-bis) to medically assisted procreation
Ban preventing healthy carriers of cystic fibrosis from screening embryos for in vitro fertilisation, despite existence of right to therapeutic abortion in domestic law - Violation of Article 8 (Respect for private life)
This case concerned the procedure for awarding parental authority and custody in respect of a child whose mother was Italian and whose father was a San Marino national - The applicants, the mother and the child, complained in particular about a decision ordering the child to be returned to San Marino to live with her father and to attend school there - No violation
An attack on the applicant in the street in the course of which acid was thrown in her face, and the question of the authorities’ obligation to protect people and diligence in the proceedings following the attack - A violation of Articles 3 (prohibition of inhuman and degrading treatment – procedural aspect) and 8 (right to respect for private and family life)