Article 8 (Positive obligations and Respect for private life) - Legal requirements for rectification of civil status for transgender persons
Dissenting / Concurring: Ranzoni
Contents for term
Article 8 (Positive obligations and Respect for private life) - Legal requirements for rectification of civil status for transgender persons
Dissenting / Concurring: Ranzoni
The investigation carried out by the Belgian authorities after the applicant had lodged a criminal complaint alleging rape and indecent assault - A violation of the procedural aspect of Article 3 (prohibition of inhuman and degrading treatment)
Article 10 (Freedom of expression) Article 14 (Discrimination) - Legislative prohibition on the promotion of homosexuality among minors reinforcing stigma and prejudice and encouraging homophobia - Unjustified difference in treatment between heterosexual majority and homosexual minority
Dissenting / Concurring: Dedov
Equal treatment of men and women in matters of employment and occupation — Competition for entry to the police school of a Member State — Law of that state imposing a minimum physical height requirement on all candidates for admission to that competition
Judge Rapporteur: R. Silva de Lapuerta
Directive 92/85/EEC, Article 4(1), Protection of the safety and health of workers — Breastfeeding worker, risk assessment of her work, challenged by the worker concerned — Directive 2006/54/EC, Article 19, equal treatment, discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, male and female workers — Equal treatment in matters of social security — National legislation excluding days not worked from the contribution period for the purpose of establishing the duration of the benefit
Judge Rapporteur: F. Biltgen
Refusal of the authorities of the Ministry of Justice to bear the cost of the applicant’s gender reassignment despite medical evidence of urgently needed treatment
Investigations carried out without due diligence - 'Crime of passion' as a part of a stereotype justifying violence against women and excusing the aggressor's conduct - State's stereotyped assessment of the investigation on the victim's personal relationships and lifestyle - Victim blaming by State agents
Article 14 taken in conjunction with Article 8 - Refusal to grant a paternity leave to the partner of the mother
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) - Arbitrary and discriminatory power of authorities to propose changes in location, time or manner of conduct of a public event - Lack of effective remedy allowing an enforceable judicial decision against authorities’ refusal to approve the location, time or manner of conduct of a public event before its planned date
Article 8 (Respect for family life/Respect for private life) - Refusal to register same-sex marriages contracted abroad
Dissenting / Concurring: Pejchal, Wojtyczek / Koskelo
Article 14 (Discrimination) - Different-sex couple denied access to registered partnership reserved exclusively for same-sex couples - No violation
Provisions of international and EU law on so-called ‘gender-based violence’ – Family abuse – Alleged victim of stalking
Custody of children governed by the principle of protection of the best interests of the child - Serious conflict between the parents and the commission of offences by one against the other constitute facts that have a significant influence on the most appropriate custody regime
Sexual violence committed also in cases where it takes place between spouses – Family abuse committed in cases of deprivation of financial means
Registration in Italy of a foreign birth certificate establishing two same-sex parents – Foreign birth certificate recognizing the child has two mothers
Sexual violence committed even when someone uses violence or threats to force a prostitute to engage in non-consensual sexual intercourse - Irrelevance of the circumstance that the victim engages in prostitution as the right to respect for sexual freedom is independent of personal conditions and qualities
Legitimate children’s surname - Automatic attribution of the father’s surname even if desired otherwise by the parents [who may so jointly request to give the child also the mother’s surname]
Prosecutability ex officio – Sexual violence criminal offence and persecutory acts - Convicted and attempted sexual assault and stalking of wife would be prosecutable ex officio if there is a Police Commissioner's warning
Article 14 (Discrimination) - Difference in rights to retrospective survivor’s pension between same-sex couples and unmarried different-sex couples - No violation
Dissenting / Concurring: Keller