Y v. Poland, ECtHR, 74131/14, 17/02/2022
Court: European Court of Human Rights
 | 2022

Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption

Y.P. v. Russia, ECtHR, 43399/13, 20/9/2022
Court: European Court of Human Rights
 | 2022

Sterilisation without consent not reaching a requisite threshold of severity in case circumstances - Decision made in context of unexpected and urgent situation, after thorough consideration by a medical panel, and driven by genuine concerns for health and safety - Failure of doctors to seek and obtain express, free and informed consent for sterilisation, as required by domestic law

Dissenting / Concurring: Georgios A. Serghides, Darian Pavli / María Elósegui

C-262/21 PPU, CJEU, 02/08/2021
Court: Court of Justice of the European Union
 | 2021

Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Application for return of a child of a young age whose parents have joint custody – Transfer of the child and his mother to the Member State responsible for examining an application for international protection under Regulation (EU) No 604/2013 (Dublin III))

Judge Rapporteur: M. J.–C. Bonichot

C-490/20, CJEU, 14/12/2021
Court: Court of Justice of the European Union
 | 2021

Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin

Judge Rapporteur: M. Ilešič

C-843/19, CJEU, 21/01/2021
Court: Court of Justice of the European Union
 | 2021

Social policy, equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1), Voluntary early retirement, Early retirement pension, Requirement for the pension amount to be received to be at least as much as the legal minimum amount – Proportion of workers of each sex excluded from the benefit of early retirement, justification of a potential particular disadvantage to female workers

Judge Rapporteur: F. Biltgen

32/2021, CC, 28/01/2021
Court: Corte Costituzionale
 | 2021

Status of child born (in Italy) through recourse to heterologous medically assisted reproduction (MAP), carried out by a female couple – Possibility of granting the status of child recognised also by the intentional mother, where the conditions for ‘‘adoption in special cases’’ are not fulfilled even though the courts have established that such recognition would be in the interests of the child

27114, CSC, 06/10/2021
Court: Corte Suprema di Cassazione
 | 2021

Right to conscious and responsible procreation and self-determination - Termination of pregnancy permissible only in cases provided for by law where there is a danger to pregnant woman’s health or life - The mere existence of malformations of the foetus not affecting woman’s life or health does not permit access to abortion