Ban on surrogacy in Italy - Use of surrogacy in other countries that allow it - Impossibility of prosecuting the criminal offence in Italy
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Discrimination against women - Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women
Refusal of the civil registrar to name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad
Ban on surrogacy – Recognition of the relationship with the intended parent – Referral to Corte Costituzionale that will rule on the recognition of a child born abroad through surrogacy
Arbitrary arrest, rape and verbal abuse of a gay, currently trans, man by police officers during detention because of her sexual orientation – Discriminatory torture on the basis of sexual orientation – Violation of the rights to personal liberty, personal integrity, privacy, judicial guarantees and the judicial protection
Student repeatedly sexually abused by her public school's vice principal - Being pressured by the abuser to have an abortion, she committed suicide - Violation of the right to life, personal integrity, private life, dignity, education, health and to be free from gender violence and discrimination - State's obligation to adopt structural measures to address sexual violence in the school environment, including a policy to provide access to sex and reproductive education
Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general
Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire
The applicants, a married couple and their daughter born in Ukraine via gestational surrogacy, faced a refusal by the French Court of Appeal in 2017 to fully register the Ukrainian birth certificate, listing only the legal father-child relationship - The Court held that the intended mother could establish a legal relationship through adoption, not directly through the foreign birth certificate, in accordance with French law which does not permit gestational surrogacy - The Court found this approach did not violate the child's rights, as the adoption process provided an effective mechanism for establishing the mother-child relationship (no violation of Article 8)
Equal treatment for men and women in matters of social security — Directive 79/7/EEC, Article 4, Prohibition of any discrimination on the ground of sex, Indirect discrimination — Part-time work, Calculation of retirement pension
Judge Rapporteur: A. Prechal
Social policy, directive 2006/54/EC, equal treatment of men and women, access to employment and working conditions — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate, dismissal of that employee
Judge Rapporteur: A. Prechal
Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid
Judge Rapporteur: M. Safjan
Less favourable treatment of part-time workers compared to full-time workers as regards their conditions of employment – National legislation fixing a maximum duration of fixed-term employment that is longer for part-time workers than for fulltime workers – Equal treatment of men and women in matters of employment and occupation, concept of ‘indirect discrimination’ on grounds of sex
Judge Rapporteur: A. Prechal
Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources
Usual tolerance and aiding and abetting of prostitution – Classifying as criminal offence even in case of “prostitution voluntarily and knowingly engaged in a criminal offence”
Lack of legal recognition of the filiation relationship between a child born abroad through surrogacy and the intended parent – Refusal to register in Italy foreign order
Medically assisted reproduction, post-mortem homologous fertilization – Birth certificate establishing the paternity of the deceased father - Consent is decisive for the attribution of parenthood
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority
Registration in Italy of foreign judgment regarding same-sex couple's adoption of child - Italian legislator does not approve same-sex couples' adoption