Rights and protections of family member working continuously in the family or family business – Inclusion of de facto cohabiting partner – Violation of fundamental personal rights, unequal treatment and the right to work and fair pay
Contents for term
Rights and protections of family member working continuously in the family or family business – Inclusion of de facto cohabiting partner – Violation of fundamental personal rights, unequal treatment and the right to work and fair pay
Non-consensual termination of pregnancy, proof of abortion intention – Threats aiming at inducing the offended person to have an abortion - Private violence and personal injuries
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 - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Minor born as a result of medically assisted heterologous procreation - Request for cancellation of registration in Italy of foreign birth certificate
Disciplinary dismissal for carrying out acts unequivocally likely to cause the termination of his partner’s pregnancy
Assisted Reproductive Technologies – A man withdrew his consent to the implantation of a fertilised embryo into a woman’s uterus after the embryo has been fertilized – Alleged violation of the principle of equality as well as the right to self-determination and the conventional right to respect for private and family life
Female workers - Women workers - Direct discrimination on grounds of sex - Dismissal of an employee because of her pregnancy
Rejection of the registration in Italy of the birth certificate of a child – conceived through recourse to heterologous medically assisted reproduction and born in Italy - naming the intended parent as the child's parent - The legislator has restricted access to heterologous medically assisted reproduction to situations of pathological infertility, which does not include same-sex couples
The applicants alleged in particular that, following amendments to the legislative framework in 2020, they have effectively been banned from having access to legal abortion in the case of foetal abnormalities - inadmissible
General legal prohibition on posthumous assisted reproduction within the national territory and on export of gametes and embryos for that purpose to Spain, where the practice is permitted - No violation
Dissenting / Concurring: Georges Ravarani
Refusal to register details of foreign birth certificate establishing legal relationship between child born through surrogacy arrangement abroad and her biological father, without considering alternative solution - Violation of Article 8
Dissenting / Concurring: Krzysztof Wojtyczek
Refusal to allow persons born through medically assisted reproduction involving a third-party donor to access information about that donor, under the rule guaranteeing anonymity in gamete donations - No violation
Dissenting / Concurring: Georges Ravarani, Stéphanie Mourou-Vikström, Mykola Gnatovsky
Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court, resulting in the applicant travelling abroad for termination - Impugned proceedings directly decisive for applicant’s Art 8 rights - Lack of required foreseeability depriving applicant of the proper safeguards against arbitrariness
Dissenting / Concurring: Krzysztof Wojtyczek, Péter Paczolay / Ivana Jelić, Gilberto Felici, Erik Wennerström
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological 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 name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Heterologous medically assisted procreation – Same-sex couple – Inability to register in child’s birth certificate the intended mother’s name together with the biological mother
Refusal by domestic courts to legally establish the applicant's paternity with regard to his biological son, born from surrogacy carried out in France, after having been entrusted by the surrogate mother to a third-party couple - Violation of Article 8
Article 8 and Article 14 (+ Article 8) - Private life applicable - Lack of legal recognition of parenthood to intended mother with no biological ties to a child born through a gestational surrogacy arrangement abroad
Dissenting / Concurring: Ivana Jelić/O’Leary
Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health
Dissenting / Concurring: Sierra Porto / Pérez Goldberg