Protection of female workers – Maternity allowance – Alleged violation of the principle of equal treatment, as well as that of the protection of the family
Contents for term
Protection of female workers – Maternity allowance – Alleged violation of the principle of equal treatment, as well as that of the protection of the family
Alleged violation of the rights of working women – Maternity and childhood – Mothers engaged in community service
Refusal to grant custody to a parent living in a homosexual relationship - Violation of Article 8 and 14
Voluntary termination of pregnancy – Husband’s request for compensation for damages – Infringement of “right to paternity”
Protection of working mothers – Maternity allowance, upon request, for the period between the two months prior to the expected date of birth and the three months after the actual date of birth, regardless of the actual date of maternity leave – Alleged unequal treatment of female employees obligated by law to maternity leave during the aforementioned period
Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor - No violation
Dissenting / Concurring: J. Casadevall, C. Russo, J. Makarczyk, Thór Vilhjálmsson, I. Foighel, D. Gotchev / L.-E. Pettiti, J. De Meyer
Article 8 (Positive obligations and Respect for family life) - Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor
Dissenting / Concurring: Pettiti / De Meyer / Casadevall, Russo, Makarczyk / Thór Vilhjálmsson / Foighel / Gotchev
Working mother - Right to optional abstention from work for six months in the first year of the child's life – Abstention also granted to the father, but only if the mother is employed, not if she is self-employed
Exclusion of women from access to public office - Unjustified discrimination on grounds of sex
Legal impossibility for married woman to deny her husband's paternity of her child and thereby enable recognition by biological father - Violation of Article 8
Dissenting / Concurring: J.M. Morenilla, G. Mifsud Bonnici
Days off to breastfeed during child’s first year – The father cannot take days off to breastfeed in place of a mother renouncing them – Violation of equality in marriage, parental responsibilities and of the protection of motherhood and children
Parental rights after divorce refused the mother in view of her membership of the Jehovah's Witnesses - Violation of Article 8 taken in conjunction with Article 14
Dissenting / Concurring: F. Matscher, B. Walsh, N. Valticos, G. Mifsud Bonnici
Father’s possibility of taking compulsory maternity leave in place of his working wife - Violation of the substantive equality in marriage and their equal participation in the care and assistance of the child and the protection of the child's interest in the development of his or her personality
Working mothers - Termination during pregnancy and childbirth – Obstacle to the achievement of truly equal rights for working women
Maternity allowance – Female worker absent from work for pre-adoptive fostering of child – Maternity and childhood
Protection of working mothers - Mothers employed in dangerous, strenuous and unhealthy work - Impossibility of assignment to other tasks in the postnatal period
Working father - Possibility of taking “days off” in place of the mother - Maternity allowance
Proceedings to establish the paternity of a child
Dissenting / Concurring: J. Gersing
Protection of working mothers - Determination of daily maternity allowances - Infringement of the principle of equality
No legal bond between an unmarried mother and her child resulted from the mere fact of birth - To create the bond, the mother had either to recognise maternity in specific proceedings or to adopt the child - Violation of Article 8 and 14
Dissenting / Concurring: Balladore Pallieri, Pedersen, Ganshof Van Der Meersch, Evrigenis, Garcia de Enterria, O’donoghue, Thór Vilhjálmsson, Gerald Fitzmaurice, D. Bindschedler-Robert, F. Matscher, J. Pinheiro Farinha