Parental authority of father with mild intellectual disability restricted on insufficiently demonstrated grounds - Violation of Article 8
Contents for term
Parental authority of father with mild intellectual disability restricted on insufficiently demonstrated grounds - Violation of Article 8
Change of recognised paternity at request and in favour of biological father without child’s consent - No violation
Maternity allowance only if the child has not exceeded the age of six - Unequal treatment between self-employed mothers in the case of international adoption and employed mothers in the case of domestic adoption - Infringement of the principles of maternity and child protection and of the protection of working women and children
The applicant’s inability to exercise fully his right of contact with his son on account of negative reports by the Scandiano social services, with which the mother had professional links - the Italian authorities had not made appropriate and sufficient efforts to ensure that the applicant had been able to exercise his right of contact with his child and had thus breached his right to respect for his family life
Individual right to parental leave on the grounds of the birth of a child — National legislation denying the right to such leave for a staff member whose wife does not work — Equal treatment of men and women in matters of employment and occupation
Judge Rapporteur: M. Safjan
Article 8 - This case concerned proceedings in Georgia for the return of the applicant’s son, born in 2004, to Ukraine
Article 8 - The applicant’s inability to secure the return to Switzerland of his children, who had been taken to France by their mother
Article 8 (Respect for family life) - Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently
The procedure for the return of the first applicant, the daughter of the second applicant, to her country of habitual residence, Cyprus - There would be a violation of Article 8 if the decision ordering the child’s return to Cyprus were to be enforced
Dissenting / Concurring: Elisabeth Steiner, Linos-Alexandre Sicilianos
Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her maternity leave – Less favourable treatment of a commissioning mother as regards the grant of maternity leave
Judge Rapporteur: M. Safjan
Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her paid leave equivalent to maternity leave or adoptive leave – Commissioning mother unable to bear a child
Judge Rapporteur: M. Safjan
Directive 2006/54/EC, equal treatment of men and women in matters of employment and occupation – Training course for acquiring the status of a public official – Exclusion on grounds of a prolonged absence, absence attributable to maternity leave
Judge Rapporteur: F. Biltgen
Refusal to provide applicants with a travel document to enable their child, born abroad as a result of a surrogacy arrangement, to travel back with them to their country of origin - inadmissible
Article 8 (Family life) - Opinion of 11 year old child not taken into account in return proceedings under Hague Convention - No violation
Inability under Turkish law for adoptive mother to have her forename recorded on child’s identity papers in place of the biological mother’s forename - Violation of Article 8 (Positive obligations)
Article 8 (Respect for family life) - Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case
Refusal to grant legal recognition in France to parent-child relationships that had been legally established in the United States between children born as a result of surrogacy arrangement and the couples who had had recourse to such arrangements - Violation of Article 8
Article 8 (Respect for family life) - Lack of participation of a parent in proceedings concerning the return of his child under the Hague Convention
Refusal to grant legal recognition in France to parent-child relationships that had been legally established in the United States between children born as a result of surrogacy arrangement and the couples who had had recourse to such arrangements - Violation of Article 8 (Respect for private life)
Inability to obtain the revision of a judgment establishing his paternity in spite of an extra-judicial forensic examination proving the contrary - Violation of Article 8