South African intersex female professional athlete excluded from competing in female athletic events due to her naturally elevated testosterone levels following the Court of Arbitration for Sport’s ruling on her infringement of the Worlds Athletics’ Differences of Sex Development Regulations providing for either the suppression of testosterone levels or the exclusion from the category – Violation of the right to non-discrimination in conjunction with the right to respect for private life, and the right to an effective remedy
Dissenting / Concurring: Pavli / Serghides / Grozev, Roosma, Ktistakis
Article 13 - Discontinuation of investigation into homophobic comments on the Internet not disclosing any prejudicial attitude by the authorities taking account of the Court’s case-law – Wide-ranging and multifaceted domestic measures combatting hate speech in response to Court judgment in Beizaras and Levickas
Dissenting / Concurring: Krenc
Article 3 and Article 8 (Positive obligations) - Commutation of a ten-month prison sentence imposed on applicant’s co-worker to community service, after he had been convicted of sexual violence against her - Domestic court’s commutation of sentence without careful scrutiny of all relevant considerations
Article 8 (Positive obligations/Family life) - Reasoned decision enforcing return order of applicant’s child to the USA under the Hague Convention in compliance with Article 8 procedural requirements and with child’s best interests being primary consideration
Article 8 (Positive obligations) - Refusal by national authorities to include the words “neutral” or “intersex” on the birth certificate of an intersex person instead of “male” - Choice of society at the discretion of the respondent State to determine the pace and extent to which requests from intersex persons in matters of civil status should be met, taking into account their difficult situation
Dissenting / Concurring: Kateřina Šimáčková/Mārtiņš Mits
Prohibition of any discrimination on grounds of sex – Domestic workers – Particular disadvantage to female workers
Judge Rapporteur: L.S. Rossi
Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC, Article 5(c) and Article 12, prohibition of indirect discrimination on grounds of sex –National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount
Judge Rapporteur: T. von Danwitz
Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – National legislation providing that two or more total occupational invalidity pensions acquired under the same statutory social security scheme are incompatible – Finding of indirect discrimination on the basis of statistical data, determination of the affected groups to be compared
Judge Rapporteur: A. Prechal
Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents, national legislation of that Member State of origin not recognising the parenthood of persons of the same sex
Judge Rapporteur: M. Ilešič
Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State
Judge Rapporteur: M. Safjan
Surname of children born outside of marriage or born to married couples – Violation of children’s right to a personal identity and of the principle of equality in the relationship between the parents – It is up to the legislator to weigh the interests of children to have the same surname as their brothers and sisters
Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties
Necessary gender parity in electoral lists - Violation of the principles of gender equality and substantive equality
Adoption of children “in special cases” – Recognition of kinship resulting from adoption – Violation of the principle of the equal treatment of all children, regardless of whether they are born in or out of wedlock or adopted
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Refusal to an arranged marriage
Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate - Possibility of granting the status of child recognised also by the intentional mother
Failure to make a timely diagnosis of foetal pathology - Pregnant woman’s inability to make her own decision as to voluntary termination of pregnancy after the 90th day of gestation - Compensation for damage caused by unwanted birth
Refusal of the civil registrar to two women’s request to correct their child’s birth certificate by naming both as mothers – Child born in Italy through recourse to medically assisted reproduction carried out by a female same-sex couple