Survivors’ benefits under a compulsory occupational pensions scheme – Refusal because the persons concerned were not married – Discrimination based on sexual orientation
Judge Rapporteur: J. Klučka
Directive 92/85/EEC, Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Meaning of ‘pregnant worker’; prohibition of dismissal of pregnant workers during the period from the beginning of their pregnancy to the end of the maternity leave − Woman dismissed where, at the date she was given notice of her dismissal, her ova had been fertilised in vitro, but not yet transferred to her uterus
Judge Rapporteur: A. Ó Caoimh
Protection of working mothers – Termination of pregnancy before the 180th day from the beginning of gestation - Dismissal of the female employee because of regulatory legislation excluding from maternity protection pregnancy that ended before one hundred and eighty days from the beginning of gestation
Sexual violence criminal offence - Reliability of statements made by the victim of sexual violence - Wearing jeans-type trousers, which do not hinder touching of intimate parts, cannot affect the victim's trustworthiness
Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orientation, a distinction that was unacceptable under the Convention
Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens
Article 8 (Respect for private life) - Gynaecological examination imposed on a detainee without her free and informed consent
Dissenting / Concurring: Björgvinsson, Garlicki
Failure to examine request for adoption by foster parents before declaring child free for adoption - Violation of Article 8 (Positive obligations/Respect for family life)
Article 8 – Dismissal of a probation officer working with sex offenders by his employer for his involvement in BDSM-related activities and performing in fetish clubs
Protection of pregnant women, Directive 92/85/EEC, Article 10, Prohibition on dismissal from the beginning of pregnancy to the end of maternity leave − Period of protection, decision to dismiss a female worker during that period of protection; notification and implementation of the decision to dismiss after the expiry of that period − Equal treatment for male and female workers
Judge Rapporteur: A. Ó Caoimh
Equal treatment for men and women, protection of pregnant employees – Right to maternity leave – Effect on the right to obtain an alteration of the duration of ‘child-care leave’
Judge Rapporteur: J. Malenovský
Paternity denial of child conceived during marriage - Prior proof of the wife's adultery at the time of conception
Crimes against sexual freedom - Performance of sexual acts with a minor younger than fourteen - Ignorance regarding the age of the injured party
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
Sexual acts with a minor - 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
Execution of the female founder of a women's organization in a mining community providing support to the families of miners during a strike, as an attempt to intimidate miners into non unionizing – Violation of the right to life, to humane treatment, to personal liberty, and to freedom of association
Dissenting / Concurring: Ventura Robles
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Refusal to grant artificial insemination facilities to enable a serving prisoner to father a child - Violation of Article 8
Dissenting / Concurring: Luzius Wildhaber, Boštjan M. Zupančič, Karel Jungwiert, Alvina Gyulumyan, Egbert Myjer/Nicolas Bratza
Article 8 (Respect for private life) - Requirement of father’s consent for the continued storage and implantation of fertilised eggs
Dissenting / Concurring: Türmen, Tsatsa-Nikolovska, Spielmann, Ziemele
Article 8 (Respect for family life/Respect for private life) Article 41 (Just satisfaction) - Failure to introduce implementing legislation to enable a transsexual to undergo gender-reassignment surgery and change his gender identification in official documents: violation - Just satisfaction in respect of State’s failure to enact implementing legislation
Dissenting / Concurring: Elisabet Fura-Sandström, Dragoljub Popović