Voluntary termination of pregnancy – Husband’s request for compensation for damages – Infringement of “right to paternity”
Behaviour and language that infringe personal dignity and in particular one’s sexual freedom - Sexual harassment in the workplace - Dismissal for just cause
Article 8 (right to respect for private and family life) – Request of amendment of birth certificates following gender reassignment by two transgender men – No violation
Dissenting / Concurring: De Meyer, Valticos, Morenilla / Freeland / Bernhardt, Thór Vilhjálmsson, Spielmann, Palm, Wildhaber, Makarczyk, Voicu / Casadevall / van Dijk / Wildhaber
Equal treatment of men and women - Equally qualified male and female candidates - Priority for female candidates
Judge Rapporteur: P. J. G. Kapteyn
Referendum on the voluntary termination of pregnancy – Abortion legalization with the repeal of currently provided for administrative and judicial procedures and controls, as well as the related incriminatory offences
Article 8 (Respect for private life) - Prosecution and conviction for sado-masochistic practices
Dissenting / Concurring: L.-E. Pettiti
Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor - No violation
Dissenting / Concurring: J. Casadevall, C. Russo, J. Makarczyk, Thór Vilhjálmsson, I. Foighel, D. Gotchev / L.-E. Pettiti, J. De Meyer
Article 8 (Positive obligations and Respect for family life) - Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor
Dissenting / Concurring: Pettiti / De Meyer / Casadevall, Russo, Makarczyk / Thór Vilhjálmsson / Foighel / Gotchev
Article 5(1) of the Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to a gender reassignment – Intention to undergo gender reassignment, surgery to give the physical attributes of a woman – Discrimination is based, essentially if not exclusively, on the sex of the person concerned
Judge Rapporteur: P. J. G. Kapteyn
Protection of working mothers – Prohibition of dismissal of female workers during pregnancy and childbirth – Alleged unequal treatment with respect to domestic and family service workers
Abortion, pregnant minor’s termination of pregnancy - Assessment of economic, social and family conditions - The right to life of the unborn child
Repeated rape and torture of a woman detained on suspicion of participating in alleged terrorist group –Violation of the right to personal liberty, to humane treatment, to non-discrimination and to a fair trial
Dissenting / Concurring: Montiel Argüllo / Cançado Trinidade, Jackman
Equal treaetment of men and women - Equally qualified candidates of different sexes - Priority given to women
Judge Rapporteur: P. J. G. Kapteyn
Equality before the law without distinction of sex - Possibility for all citizens, of both sexes, to have equal access to public and elected offices in equal shares
Detention, rape, and torture of a woman by the Turkish security forces during a counter-terrorism operation – Violation of Article 3 (prohibition of torture), Article 5 (right to liberty and security), and Article 13 (right to an effective remedy)
Dissenting / Concurring: Matscher / Pettiti / Gölcüklü, Matscher, Pettiti, De Meyer, Lopes Rocha, Makarczyk, Gotchev / Gölcüklü,Pettiti, De Meyer, Lopes Rocha, Gotchev / Gölcüklü / De Meyer
Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
Judge Rapporteur: F. Grévisse
Working mother - Right to optional abstention from work for six months in the first year of the child's life – Abstention also granted to the father, but only if the mother is employed, not if she is self-employed
Exclusion of women from access to public office - Unjustified discrimination on grounds of sex
Voluntary termination of pregnancy – The health facility must inform the patient about the consequences of the intervention and its possible outcomes - Right to compensation for damages
Legal impossibility for married woman to deny her husband's paternity of her child and thereby enable recognition by biological father - Violation of Article 8
Dissenting / Concurring: J.M. Morenilla, G. Mifsud Bonnici