Adoption – Adopted person’s access to information concerning his or her origins – Access to the identity of the biological mother having declared at birth she did not wish to disclose her identity
Contents for term
Adoption – Adopted person’s access to information concerning his or her origins – Access to the identity of the biological mother having declared at birth she did not wish to disclose her identity
Violation of Article 8 (Respect for family life and private life) - Revocation of adoption while criminal proceedings for suspected child abuse were still pending - Failure adequately to investigate unauthorised disclosure of confidential information or to protect reputation and right to be presumed innocent of parent suspected of child abuse
Right to leave for employed mothers after the birth of a child – Possible use by an employed mother or an employed father – Non-employed mother who is not covered by a State social security scheme – No right to leave for employed father
Judge Rapporteur: M. Safjan
Directive 76/207/EEC, equal treatment for male and female workers & Directive 96/34/EC – Framework Agreement on Parental Leave – Abolishment of officials’ posts due to national economic difficulties, assessment of a female worker who took parental leave as compared to workers who remained in active service – Dismissal at the end of parental leave, indirect discrimination
Judge Rapporteur: M. Safjan
Article 8 (Respect for family life) - Failure to execute a judgment confirming an order to return underage children to their mother in the United Kingdom
Dissenting / Concurring: Paul Lemmens/Angelika Nußberger
Excessively formalistic interpretation of domestic law as regards paid maternity leave for adoptive mother - Violation of Article 14
Dissenting / Concurring: Isabelle Berro-Lefèvre, Khanlar Hajiyev, Erik Møse
Total removal of applicant’s access rights on account of his attempts to transmit his religious beliefs to his child - Violation of Article 14
Impossibility of second-parent adoption in a same-sex couple - Government's failure to provide convincing reasons for the exclusion second-parent adoption in a same-sex couple, while allowing that possibility in an unmarried different-sex couple, deemed necessary for the protection of the family in the traditional sense or for the protection of the interests of the child, amounts to discrimination
Dissenting / Concurring: Josep Casadevall, Ineta Ziemele, Anatoly Kovler, Danutė Jočienė, Ján Šikuta, Vincent A. De Gaetano, Linos-Alexandre Sicilianos / Dean Spielmann
Article 8 (Family life) - Failure to conduct detailed examination of all relevant points when deciding whether to return a child pursuant to Hague Convention
Dissenting / Concurring: Nicolas Bratza, Nina Vajić, Khanlar Hajiyev, Ján Šikuta, Päivi Hirvelä, George Nicolaou, Guido Raimondi, Angelika Nußberger
Continuing failure to provide information concerning fate of newborn baby in hospital care - Violation of Article 8 (Positive obligations/Respect for family life)
Maternity and childhood, protection of working mothers – Adoption and pre-adoptive fostering of a child - Arrangements for payment of maternity allowance for a period of three months following the time the child enters the family home
Compulsory maternity leave - Deteriorating working and personal situation - Obligation to work in unlivable conditions in a degraded place
The German courts’ refusal to allow a man to challenge another man’s paternity - No violation
Mother in a same-sex relationship denied custody of her children – Violation of the right to privacy under Article 11(2) of the American Convention – The right to privacy includes the protection of intimate relationships
Dissenting / Concurring: Pérez Pérez
Refusal of simple adoption order in favour of homosexual partner of biological mother - No violation of Article 14
Dissenting / Concurring: Mark Villiger / Jean-Paul Costa, Dean Spielmann, Isabelle Berro-Lefèvre
Inability of child abandoned at birth to gain access to non-identifying information or to make request for mother to waive confidentiality - Violation of Article 8
Dissenting / Concurring: András Sajó
Refusal of permission to adopt owing to prohibition of adoption in child’s country of birth - No violation of Article 8
The German courts’ refusal to allow a man to challenge another man’s paternity - No violation
Article 14 (Discrimination) - Difference in treatment between male and female military personnel regarding rights to parental leave
Dissenting / Concurring: Pinto de Albuquerque / Kalaydjieva / Nußberger, Fedorova / Popović
The applicants, a married couple, were foster parents to a boy - After the child's biological mother regained custody, they were denied access and visiting rights, and they complained that the Austrian courts, after three and a half years of proceedings, ruled that granting visitation was no longer in the child's best interests - Violation of Article 8