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
Positive actions for female entrepreneurship - Financial incentives to businesses run by women or predominantly owned by women
(Direct or indirect) discrimination on grounds of sex - Prohibition of any discrimination between men and women with regard to access to employment and, in particular, to public office
Days off to breastfeed during child’s first year – The father cannot take days off to breastfeed in place of a mother renouncing them – Violation of equality in marriage, parental responsibilities and of the protection of motherhood and children
Protection of female workers – Dismissal for marriage - Prohibition to subject the female employee, within the specified limits, other than individual licensing, to collective licensing procedures for downsizing or temporary layoff
Parental rights after divorce refused the mother in view of her membership of the Jehovah's Witnesses - Violation of Article 8 taken in conjunction with Article 14
Dissenting / Concurring: F. Matscher, B. Walsh, N. Valticos, G. Mifsud Bonnici
Article 8 (Respect for private life) - Prohibition of homosexual relations in private between consenting adults
Dissenting / Concurring: G. Pikis/F. Matscher