Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Contents for term
Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Mother living with her adopted daughter since the date of the foreign adoption order - Refusal to enforce a full adoption order by a foreign court in favour of a single woman - Refusal to recognise as valid in domestic law a full adoption order by a foreign court
Gang rape – Applicabilty of the extenuating circumstance regarding minor offences referred to in the last paragraph of Article 609-bis of the Italian Criminal Code
Right to sexual orientation and identity - Anti-discrimination on grounds of sexual orientation or gender identity rules - Measures regarding employment and social integration for persons who suffer discrimination on grounds of sexual orientation or gender identity
Legitimate children’s surname – Automatic attribution of the father’s surname even if desired otherwise by the parents - Impossibility for the spouses to agree to attribute mother’s surname to their child
Refusal to award a retirement pension at the age of 60 to a transsexual who has undergone male-to-female gender reassignment surgery
Judge Rapporteur: J.N. Cunha Rodrigues
Impossibility to challenge in court the legal presumption of paternity - Impossibility of introducing an action for disavowal of paternity - Article 14 taken in conjunction with Articles 6 and 8
Gang rape criminal offence – Applicabilty of the extenuating circumstance regarding minor offences
Maternity allowance in the case of adopted children – Possibility of maternity allowance limited to the mother with exclusion of the father - Unequal treatment
Equal pay for men and women – Illness arising prior to maternity leave, pregnancy-related illness, person subject to the general sick-leave scheme – Effect on pay, absence offset against the maximum total number of days of paid sick leave over a specified period)
Judge Rapporteur: C. Gulmann
Equal treatment for men and women – Prohibition of the employment of women in underground work in mining or in a high-pressure atmosphere or in diving work
Judge Rapporteur: N. Colneric
Article 8 (Respect for private life) Article 6 (Fair hearing/Equality of arms) Article 7 (Nullum crimen sine lege) - Criminal conviction for certain sadomasochistic practices with others
Refusal to provide copies of birth certificates requested by two girls born in the Dominican Republic to Dominican mothers by local officials as part of a deliberate policy to deny documents to Dominicans of Haitian descent, resulting in the girls being refused their nationality, not being able to go to school, and facing other serious problems – Violation of the right to equality and non-discrimination, to protection measures, to nationality, to having a legal status and a name, and to be part of a political community
Judge Rapporteur: Discrimination against women, girls, birth certificate, intersectionality
Dissenting / Concurring: Cançado Trinidade
Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse − Discrimination on grounds of sex
Judge Rapporteur: J.N. Cunha Rodrigues
Principle of equal pay for men and women – Concept of pay – Taking into account, for calculation of termination payments, of periods of military service – Possibility of comparing workers performing military service with women workers who, after their maternity leave, take parental leave the duration of which is not taken into account for calculating a termination payment
Judge Rapporteur: J.-P. Puissochet
Article 8 (Respect for private life) - Transsexual denied legal recognition of her gender change and refused retirement pension from the age applicable to other women
The applicant complained that, if expelled to Iran, he would face a real risk of treatment contrary to Article 3 of the Convention on account of his sexual orientation - Inadmissible
Rape and ill-treatment of twenty girls and young women in the context of the massacre of 268 people, mainly indigenous Mayans, as part of genocidal counter-insurgence state policy against indigenous people – Denial of justice, intimidation and discrimination to the detriment of the survivors and the next of kin of the victims
Dissenting / Concurring: García Ramírez / Cançado Trinidade
Work leave in case of adoption or foster care within the first year of the child's life, instead of within the first year of the child's entry into the family – Infringement of the principle of equality by treating adoptive or foster parents and adopted or foster children less favourably than natural parents and children
Substitute teaching conferred during the period of compulsory maternity leave - Exclusion of maternity allowance - Alleged unequal treatment, infringing the right to remuneration and the principle of impartiality