Sexual violence committed also in cases where it takes place between spouses – Family abuse committed in cases of deprivation of financial means
Contents for term
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
Prohibition of discrimination on grounds of sexual orientation and age — Payment of a survivor’s benefit to the civil partner — Partnership contracted before the 60th birthday of the member of the scheme
Judge Rapporteur: R. Silva de Lapuerta
Articles 12 and 14 - The applicants considered that the limitation of marriage to persons of different sexes constitutes a discriminatory infringement of the right to marry - No violation
Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Judge Rapporteur: M. Safjan
Recruitment of hundreds of female and male workers from low-income communities to work in a privately-owned cattle ranch with the promise of good salaries followed by forced labor and servitude, inhumane working and deplorable living conditions, including withholding of wages, threats and violence under the constant vigilance by armed guards - Violation of the right to freedom from slavery and trafficking, to judicial protection, and to effective remedy
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto
Article (Freedom of expression) - Seizure and confiscation for more than five years of all copies of edition of a magazine containing article on “pornography”
Parental authority of father with mild intellectual disability restricted on insufficiently demonstrated grounds - Violation of Article 8
Article 4 (Trafficking in human beings) - Shortcomings in response to criminal complaint of human-trafficking
Article 14 (Discrimination) - Failure to take into account possible discriminatory motives in investigation of homophobic attack
Dissenting / Concurring: Myjer
Article 5 - The applicant alleged that his detention had been unjustified, a situation not remedied by adequate judicial supervision
Article 14 (Discrimination) - Discrimination between unmarried same-sex couples and unmarried different-sex couples in obtaining family reunification
The applicant claimed asylum as she had partially undergone FGM and claimed to be at risk of re-excision if sent back to Guinea - No violation
Article 14 (Discrimination) - Refusal to grant a residence permit for family reasons to a foreign same-sex partner
Dissenting / Concurring: Bianku / Sicilianos
Kiss on the cheek does not violate the sexual freedom of the victim – Commission of the offence of private violence
Maternity allowance only if the child has not exceeded the age of six - Unequal treatment between self-employed mothers in the case of international adoption and employed mothers in the case of domestic adoption - Infringement of the principles of maternity and child protection and of the protection of working women and children