Maternity allowance - Possibility of cumulating the maternity allowance of the self-employed mother with the days off taken by the employed father
Contents for term
Maternity allowance - Possibility of cumulating the maternity allowance of the self-employed mother with the days off taken by the employed father
Principle of non-discrimination - Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006: “it is also appropriate to make express provision for the protection of the employment rights of women on maternity leave and in particular their right to return to the same or an equivalent post, to suffer no detriment in their terms and conditions as a result of taking such leave and to benefit from any improvement in working conditions to which they would have been entitled during their absence”
Different treatment of women justified on maternity grounds - Prohibition of dismissal on grounds of marriage applies only to the female employee
Same-sex couple – Registration in Italy of a foreign judgment attributing the parenthood to two men
Directive 92/85/EEC, Articles 4, 5 and 7, protection of the safety and health of workers, worker who is breastfeeding, night work, shift work performed in part at night — Risk assessment of her work, prevention measures, challenge by the worker concerned — Discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
Impossibility to contest the paternity of a child born during his marriage to the mother - Violation of Article 8
Courts’ refusal to grant contact rights or order legal parents to provide information about child’s personal circumstances to potential biological father - No violation
Refusal to award contact rights to the applicant in respect of the child which had been born to her former partner in Belgium using assisted reproductive techniques while the two women were a couple, despite the fact that the applicant had raised the child during his early years - No violation of Article 8 (right to respect for family life)
Absence of proper institutional oversight over and inadequate regulation of adoption procedures – Decision to separate children from their biological family based on discriminatory justifications regarding their economic situation, gender-based stereotypes about parental responsibilities and their grandmother’s sexual orientation
Verification of the parental relationship between a child born abroad as a result of surrogacy and the “intended parent” – Protection for child’s best interests
Medically assisted heterologous procreation abroad in a married couple - Father's consent to medically assisted heterologous procreation abroad cannot be withdrawn – Rescission of paternity
Ban on adoption of Russian children by US nationals - Violation of Article 14
Article 8 (Respect for family life) -Temporary placement of children in care owing to family’s lack of means and parental neglect - No violation
Directive 92/85/EEC, Article 4(1), Protection of the safety and health of workers — Breastfeeding worker, risk assessment of her work, challenged by the worker concerned — Directive 2006/54/EC, Article 19, equal treatment, discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
Article 14 taken in conjunction with Article 8 - Refusal to grant a paternity leave to the partner of the mother
Refusal of the French authorities to transcribe the Ukrainian birth certificates of surrogate-born children into the French register of births
Italian Cassazione recognizes stepchild adoption in special cases - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples - The sexual orientation of the adoptive parent is not relevant
Custody of children governed by the principle of protection of the best interests of the child - Serious conflict between the parents and the commission of offences by one against the other constitute facts that have a significant influence on the most appropriate custody regime
Possibility of weighing, in the specific case, whether it is in the best interests of the minor child to maintain meaningful relations with the biological parent's ex-partner [in particular, following the termination of the homo-affective cohabitation between them]
Legitimate children’s surname - Automatic attribution of the father’s surname even if desired otherwise by the parents [who may so jointly request to give the child also the mother’s surname]