Paternity denial of child conceived during marriage - Prior proof of the wife's adultery at the time of conception
Contents for term
Paternity denial of child conceived during marriage - Prior proof of the wife's adultery at the time of conception
Sexual acts with a minor - The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Crimes against sexual freedom - Performance of sexual acts with a minor younger than fourteen - Ignorance regarding the age of the injured party
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views
Protection of pregnant women, Directive 92/85/EEC, Article 10, Prohibition on dismissal from the beginning of pregnancy to the end of maternity leave − Period of protection, decision to dismiss a female worker during that period of protection; notification and implementation of the decision to dismiss after the expiry of that period − Equal treatment for male and female workers
Judge Rapporteur: A. Ó Caoimh
Execution of the female founder of a women's organization in a mining community providing support to the families of miners during a strike, as an attempt to intimidate miners into non unionizing – Violation of the right to life, to humane treatment, to personal liberty, and to freedom of association
Dissenting / Concurring: Ventura Robles
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Equal treatment for men and women, protection of pregnant employees – Right to maternity leave – Effect on the right to obtain an alteration of the duration of ‘child-care leave’
Judge Rapporteur: J. Malenovský
Article 8 (Respect for family life/Respect for private life) Article 41 (Just satisfaction) - Failure to introduce implementing legislation to enable a transsexual to undergo gender-reassignment surgery and change his gender identification in official documents: violation - Just satisfaction in respect of State’s failure to enact implementing legislation
Dissenting / Concurring: Elisabet Fura-Sandström, Dragoljub Popović
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