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
Contents for term
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
Impossibility of second-parent adoption in a same-sex couple - Government's failure to provide convincing reasons for the exclusion second-parent adoption in a same-sex couple, while allowing that possibility in an unmarried different-sex couple, deemed necessary for the protection of the family in the traditional sense or for the protection of the interests of the child, amounts to discrimination
Dissenting / Concurring: Josep Casadevall, Ineta Ziemele, Anatoly Kovler, Danutė Jočienė, Ján Šikuta, Vincent A. De Gaetano, Linos-Alexandre Sicilianos / Dean Spielmann
Family abuse - Absorption of the offences of serious threats and battery into the offence of family abuse
Sexual harassment in the workplace - Harassment attributed to the hierarchical superior
Maternity and childhood, protection of working mothers – Adoption and pre-adoptive fostering of a child - Arrangements for payment of maternity allowance for a period of three months following the time the child enters the family home
Same-sex couple – Marriage between same-sex people
Compulsory maternity leave - Deteriorating working and personal situation - Obligation to work in unlivable conditions in a degraded place
Same-sex couple - Marriage contracted abroad by two same-sex Italian citizens - Impossibility of registering in Italy a marriage contracted abroad between same-sex people
Article 14 (Discrimination) - Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute
Refusal of simple adoption order in favour of homosexual partner of biological mother - No violation of Article 14
Dissenting / Concurring: Mark Villiger / Jean-Paul Costa, Dean Spielmann, Isabelle Berro-Lefèvre