K.K. and Others v. Denmark, ECtHR, 25212/21, 06/12/2022
Court: European Court of Human Rights
 | 2022

Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father, despite no other possibilities of recognition of a legal parent-child relationship - No obstacles to enjoying family life by children born abroad via surrogacy and their genetic father’s wife, who was granted joint custody but not adoption

M. v. France, ECtHR, 42821/18, 26/04/2022
Court: European Court of Human Rights
 | 2022

Applicability to “feminising” medical procedures carried out on an intersex person during childhood, without the person’s knowledge or consent - Limitation period invoked in response to a criminal complaint by an intersex person concerning feminising medical procedures carried out during childhood, where other remedies were still available - inadmissible

N.V. and C.C. v. Malta, ECtHR, 4952/21, 10/11/2022
Court: European Court of Human Rights
 | 2022

Disproportionate order by family court de facto preventing couple in stable relationship from living together to safeguard interests of child from mother’s previous marriage - Violation of Article 8

Plazzi v. Switzerland, ECtHR, 44101/18, 08/02/2022
Court: European Court of Human Rights
 | 2022

Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts 

Roth v. Switzerland, ECtHR, 69444/17, 08/02/2022
Court: European Court of Human Rights
 | 2022

Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts -Violation of Article 6.

S.F.K. v. Russia, ECtHR, 5578/12, 11/10/2022
Court: European Court of Human Rights
 | 2022

Article 3 (substantive and procedural) - Abortion performed at a public hospital in breach of medical standards and against the will of a vulnerable young adult coerced by her parents

Dissenting / Concurring: Peeter Roosma, Mikhail Lobov

S.W. and Others v. Austria, ECtHR, 1928/19, 06/09/2022
Court: European Court of Human Rights
 | 2022

The applicants’ complaint about the way the second applicant’s birth certificate was set out after a second-parent adoption, and their allegation of discrimination in this respect against same-sex couples, relate to Articles 8 and 14 of the Convention - Inadmissible

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