Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
Contents for term
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”
Registration in Italy of foreign judgment regarding same-sex couple's adoption of child - Italian legislator does not approve same-sex couples' adoption
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
Inability to register in Italy same-sex marriage celebrated abroad between an Italian citizen and a foreigner - Marriage performed abroad by a same-sex couple in Italy corresponds to a civil partnership
Sexual violence and sexual acts with a minor – Regarding sexual violence, the attenuating circumstance of the lesser seriousness of the act cannot be excluded by the mere consideration of the repetition of the illicit conduct by the defendant
Civil partnership – Correction of birth certificate and record by cancellation of the entry concerning the choice of surname
Forced taking of the so-called ‘date rape drug’ - Sexual violence aggravated by the abuse of the victim's impaired psychophysical condition due to drug use
State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
Violation of the right to consent to marriage and the right to inheritance by the new Persons and Family Code setting marital age at 18 for boys and 16 or 15 for girls (subject to consent of her father) and for legitimate female offspring half of what males inherit
Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired
Judge Rapporteur: T. von Danwitz
Right of Union citizens to move and reside freely in the territory of the Member States — Definition of ‘spouse’ — Marriage between persons of the same sex
Judge Rapporteur: M. Ilešič
State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare
Charter of Fundamental Rights of the European Union, article 7, respect for private and family life — Directive 2011/95/EU, standards for granting refugee status or subsidiary protection status, fear of persecution on grounds of sexual orientation — Assessment of facts and circumstances, recourse to an expert’s report, psychological tests
Judge Rapporteur: L. Bay Larsen
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Sexual violence and sexual acts with a minor – Regarding child sexual assault, the second interview of the offended parties must be limited to exceptional cases
Execution, torture and sexual assault of, inter alia, young girls, including minors, by police officers during a drug raid, with removal of corpses and obstruction of proper investigation – Violation of the rights to judicial protection, to physical, mental, and moral integrity, to move freely within a state and to a hearing within reasonable time by a competent and independent tribunal