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
Contents for term
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
Judicial correction of the assigned gender – Possibility subject to modifications to the sex characteristics of the interested party – The modification of primary sexual characteristics through surgery is necessary
Family abuse – Forms of moral and physical violence, such as deprivation, humiliation, acts of contempt and offence to dignity – Economic violence
Sexual violence criminal offence and persecutory acts - The change of lifestyle is a necessary behavior to which the victim of persecution resorts in order to try to escape from persecution
Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) – Unlawful dismissal of the applicant from her public sector job due to her political affiliations – Insufficiently justified dismissal disproportionately interfering with her rights
Dissenting / Concurring: Kjølbro
Technical requirements relating to blood and blood components, blood donation — Eligibility criteria for blood donors, persons whose sexual behaviour puts them at a high risk of acquiring severe infectious diseases that can be transmitted by blood — Man who has had sexual relations with another man
Judge Rapporteur: M. Safjan
Equal treatment of male and female workers, part-time workers, primarily female — National legislation providing for a maximum amount of unemployment benefit — Legislation referring, for the purposes of the calculation of that amount, to the relationship between the working hours of the part-time employees concerned and the working hours of full-time employees
Judge Rapporteur: A. Prechal