Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Contents for term
Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts
Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis
Judicial correction of the assigned gender – Possibility to assign a ‘third gender’ other than male or female gender – Alleged violation of the principle of equality, the right to personal identity, the right to health and the right to private and family life
Sexual violence and criminal offences against sexual freedom – Gang rape
Non-consensual termination of pregnancy, proof of abortion intention – Threats aiming at inducing the offended person to have an abortion - Private violence and personal injuries
Equal treatment for men and women – Part-time work - Workers of one sex are at a particular disadvantage compared to workers of the other sex
Refusal of the civil registrar to name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Request to register both women and not only the giving-birth mother as mothers of a child born through recourse to heterologous MAR - civil registrar cannot receive intentional parent’s statement aiming at establishing a a parent-child relationship
Civil partnership – Automatic dissolution of civil partnership in case of judicial correction of one party’s assigned gender – The judge suspends the effects of the civil partnership until the celebration of the marriage and, in any case, not later than one hundred and eighty days from res judicata of the gender rectification judgment, if the two parties express, personally and jointly, their intention to marry until the required hearing
Minor born as a result of medically assisted heterologous procreation - Request for cancellation of registration in Italy of foreign birth certificate
Intended parent’s name excluded from the child’s born-by-surrogacy birth certificate – Domestic dispute over the registration of a foreign court order
Disciplinary dismissal for carrying out acts unequivocally likely to cause the termination of his partner’s pregnancy
Transgender individuals complained about the lack of a regulatory framework in Hungary for the legal recognition of their gender identity - Inadmissible - their requests had eventually been granted in 2018, and the waiting period did not constitute an unreasonable delay under Article 8 (right to private life).
Violation of Article 8 and Article 14(+ Article 8) - Disproportionate dismissal of teacher in relation to photos posted on her private social media profile - Difference in treatment based solely on considerations of sexual orientation without particularly convincing and weighty reasons
Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Judge Rapporteur: N. Piçarra
Qualification for refugee status – ‘Membership of a particular social group’ – Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State
Judge Rapporteur: N. Piçarra
Social policy, Directive (EU) 2019/1158, balance between working life and private life of parents – Single-parent family, equal treatment with two-parent families – Extension of maternity leave
Judge Rapporteur: A. Prechal
Violation of Article 3 and Article 8 + Article 14 (Positive obligations, Effective investigation, and Discrimination on the basis of sexual orientation) - Failure to adequately protect the applicant from a homophobic attack by ensuring the effective prosecution of the perpetrator and prosecuting the attack as a hate-motivated offence
Muslim girls were prohibited from wearing the Islamic veil in their schools, with the exception of non-denominational religious and ethics classes by the school regulations - inadmissible (manifestly ill-founded)