Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties
Contents for term
Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties
Prohibition of surrogacy as an obstacle to the recognition of the foreign order establishing the filiation of the child born abroad – Prohibition in Italy of transcription of the foreign order naming the intended parent as the child's parent
Necessary gender parity in electoral lists - Violation of the principles of gender equality and substantive equality
Refusal of the civil registrar to name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Heterologous medically assisted procreation – Same-sex couple – Inability to register in child’s birth certificate the intended mother’s name together with the biological mother
Judicial correction of the assigned gender – Request for correction of parts relating to sex and name of birth certificate
Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health
Dissenting / Concurring: Sierra Porto / Pérez Goldberg
Prohibition of any discrimination on grounds of sex – Domestic workers – Particular disadvantage to female workers
Judge Rapporteur: L.S. Rossi
Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC, Article 5(c) and Article 12, prohibition of indirect discrimination on grounds of sex –National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount
Judge Rapporteur: T. von Danwitz
Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – National legislation providing that two or more total occupational invalidity pensions acquired under the same statutory social security scheme are incompatible – Finding of indirect discrimination on the basis of statistical data, determination of the affected groups to be compared
Judge Rapporteur: A. Prechal
Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents, national legislation of that Member State of origin not recognising the parenthood of persons of the same sex
Judge Rapporteur: M. Ilešič
Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State
Judge Rapporteur: M. Safjan
Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse
Distinction between male and female educational staff - Alleged unreasonable violation of the principle of non-discrimination on grounds of gender
Out-of-wedlock child’s surname - Automatic attribution of the father’s surname – Alleged violation of the right to personal identity and the principle of equality, also with regard to European and supranational obligations
Using the derogatory epithets ‘frocio’ and ‘disgusting’ against a person constitutes defamation - Injury to personal identity - Prohibition of discrimination
Verification of indirect gender discrimination by the employer in the selection process for economic development - Actual disadvantage to female workers
Registration in Italy of child’s - conceived through recourse to heterologous medically assisted reproduction - foreign birth certificate – Italian intentional mother and foreign biological mother – Parent’s gender identity cannot justify deterrent treatment of child
Same-sex couple - Refusal of the civil registrar to name in child’s birth certificate also the intended mother
Prohibition on correction of the birth certificate of a child born in Italy but conceived through recourse, by two women, to heterologous procreation abroad - Prohibition on naming in the birth certificate also the intended mother