Inability of a father to exercise his contact rights in relation to his son during the course of divorce proceedings - Violation of Article 8 (Respect for family life)
Contents for term
Inability of a father to exercise his contact rights in relation to his son during the course of divorce proceedings - Violation of Article 8 (Respect for family life)
Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody
Dissenting / Concurring: Bertram Schmitt
Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orien
Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens
Failure to examine request for adoption by foster parents before declaring child free for adoption - Violation of Article 8 (Positive obligations/Respect for family life)
Paternity denial of child conceived during marriage - Prior proof of the wife's adultery at the time of conception
Mother living with her adopted daughter since the date of the foreign adoption order - Refusal to enforce a full adoption order by a foreign court in favour of a single woman - Refusal to recognise as valid in domestic law a full adoption order by a foreign court
Legitimate children’s surname – Automatic attribution of the father’s surname even if desired otherwise by the parents - Impossibility for the spouses to agree to attribute mother’s surname to their child
Article 8 (Respect for family life) - No specific remedy for preventing or punishing child abduction from the territory of the respondent State, resulting in non-enforcement of custody award
Impossibility to challenge in court the legal presumption of paternity - Impossibility of introducing an action for disavowal of paternity - Article 14 taken in conjunction with Articles 6 and 8
Maternity allowance in the case of adopted children – Possibility of maternity allowance limited to the mother with exclusion of the father - Unequal treatment
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
Work leave in case of adoption or foster care within the first year of the child's life, instead of within the first year of the child's entry into the family – Infringement of the principle of equality by treating adoptive or foster parents and adopted or foster children less favourably than natural parents and children
Substitute teaching conferred during the period of compulsory maternity leave - Exclusion of maternity allowance - Alleged unequal treatment, infringing the right to remuneration and the principle of impartiality
Maternity and childhood, working mothers who adopt - Right to maternity allowance in the case of international adoption - Entitlement during the three months following the entry of the adopted or fostered child, even if he or she is over six years of age - Manifestly unreasonable difference in treatment between employees and self-employed women
Refusal to divulge identity of biological parents - No violation
Dissenting / Concurring: L. Wildhaber, Nicolas Bratza, G. Bonello, L. Loucaides, I. Cabral Barreto, F. Tulkens, M. Pellonpää/Greve, Ress, Kuris, Rozakis
Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness - The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion
Dissenting / Concurring: W. Thomassen
Article 8 (Respect for private life) and Article 6 (Fair hearing) - Refusal of application for prior approval as a prospective adopter presented by an unmarried homosexual man, on the ground of his “choice of lifestyle”: no violation - Failure to summon to appear at hearing before Conseil d’Etat an unrepresented plaintiff who had no opportunity of seeing the submissions of commissaire du Gouvernement: violation
Dissenting / Concurring: Costa, Jungwiert, Traja / Bratza, Fuhrmann, Tulkens
Adequacy of measures taken by courts to establish paternity - Violation of Article 8
Protection of female workers - Entitlement to maternity allowance in the event of dismissal of the female employee during the maternity leave - Unreasonable exclusion in breach of the principle of maternity protection
Article 8 (Respect for family life) - Adequacy of measures taken by authorities to enforce court decisions ordering return of children to their mother
Dissenting / Concurring: R. Maruste, A. Diculescu-Şova