Article 8 (Family life) - Opinion of 11 year old child not taken into account in return proceedings under Hague Convention - No violation
Contents for term
Article 8 (Family life) - Opinion of 11 year old child not taken into account in return proceedings under Hague Convention - No violation
Article 8 (Positive obligations/Respect for family life/Respect for private life) - Refusal to give applicant female identity number following sex change unless marriage was transformed into a civil partnership
Dissenting / Concurring: Ziemele / Sajó, Keller and Lemmens
Article 10 (Freedom of expression) - Publisher ordered to pay damages for an article harshly critical of MP’s remarks and conduct during parliamentary debate on legal regulation of same-sex relationships
Article 3 (Positive obligations) - Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher
Dissenting / Concurring: Ziemele / Zupančič, Gyulumyan, Kalaydjieva, De Gaetano, Wojtyczek / Charleton
Article 3 (Effective investigation) - Undue delays in criminal proceedings and failure properly to investigate rape and assault allegations
Article 8 (Positive obligations and Respect for private life) Article 14 (Discrimination) - Refusal to prosecute for a joke made during television comedy show about homosexual celebrity referred to as a ‘female’
The applicant was raped by a group of men and the case was delayed for a decade because some of the defendants had emigrated to Austria - Violation of Article 3 (procedure)
The applicant argues that having been subjected to cruel, inhuman and degrading treatment in his country, he cannot be deported to his country because he would face immediate execution
Article 14 (Discrimination) - Refusal to include woman registered as the mother’s civil partner on child’s birth certificate - Inadmissible
Collective agreement which restricts a benefit in respect of pay and working conditions to employees who marry – Exclusion of partners entering into a civil solidarity pact – Discrimination based on sexual orientation
Judge Rapporteur: D. Šváby
Prohibition of discrimination on grounds of sexual orientation – Concept of ‘facts from which it may be presumed that there has been discrimination’ – Public statements ruling out the recruitment of a footballer presented as being homosexual
Judge Rapporteur: A. Ó Caoimh
Minimum standards relating to the conditions for granting refugee status or subsidiary protection status – Well-founded fear of being persecuted on account of membership of a particular social group – Acts sufficiently serious to justify such a fear, legislation criminalising homosexual acts
Judge Rapporteur: L. Bay Larsen
Transferor not less than 55 years old but not yet of normal retirement age at the time of transfer – Concept of ‘normal retirement age’, national legislation determining a retirement age which varies depending on the sex of the applicant and, for women, on the number of children raised – General principles of equal treatment and non-discrimination
Judge Rapporteur: G. Arestis
Right to leave for employed mothers after the birth of a child – Possible use by an employed mother or an employed father – Non-employed mother who is not covered by a State social security scheme – No right to leave for employed father
Judge Rapporteur: M. Safjan
Directive 76/207/EEC, equal treatment for male and female workers & Directive 96/34/EC – Framework Agreement on Parental Leave – Abolishment of officials’ posts due to national economic difficulties, assessment of a female worker who took parental leave as compared to workers who remained in active service – Dismissal at the end of parental leave, indirect discrimination
Judge Rapporteur: M. Safjan
An allegation by the applicant, who claimed to be homosexual, that he would be at risk of ill-treatment if he were to be returned to Sierra Leone - Inadmissible
Article 8 (Positive obligations/Respect for family life/Respect for private life) - Lack of legal recognition of same-sex partnerships
Dissenting / Concurring: Mahoney, Tsotsoria, Vehabović
Excessively formalistic interpretation of domestic law as regards paid maternity leave for adoptive mother - Violation of Article 14
Dissenting / Concurring: Isabelle Berro-Lefèvre, Khanlar Hajiyev, Erik Møse
Article 14 (Discrimination) - Exclusion of same-sex couples from “civil unions”
Dissenting / Concurring: Casadevall, Ziemele, Jočienė, Sicilianos / Pinto de Albuquerque
Total removal of applicant’s access rights on account of his attempts to transmit his religious beliefs to his child - Violation of Article 14