C-191/03, CJEU, 08/12/2005

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

Yean and Bosico Children v. the Dominican Republic, IACtHR, Series C No. 130, 8/09/2005

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

C‑220/02,CJEU, 08/06/2004

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

Plan de Sánchez Massacre v. Guatemala, IACtHR, Series C No. 116, 29/04/2004

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

371/2003, CC, 17/12/2003
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2003

Maternity and childhood, working mothers who adopt - Right to maternity allowance in the case of international adoption - Entitlement during the three months following the entry of the adopted or fostered child, even if he or she is over six years of age - Manifestly unreasonable difference in treatment between employees and self-employed women

M.C. v. Bulgaria, ECtHR, 39272/98, 4/12/2003
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2003

Article 3 (Positive obligations) and Article 8 (Positive obligations) - Adequacy of protection provided by Bulgarian law for victim of alleged rape - Bulgarian law provided insufficient protection to victim of an alleged act of rape

Dissenting / Concurring: Tulkens

OC-18/03, Juridical Condition and Rights of Undocumented Migrants, IACtHR, Series A No. 18, 16/09/2003

Deprivation of the enjoyment and exercise of certain labour rights of migrant workers incompatible with obligation to respect and ensure the principles of legal equality, non-discrimination and the equal and effective protection of the law - Attention to all the areas of discriminatory human behaviour, including sexual orientation

Dissenting / Concurring: Cançado Trindade / García Ramírez / Hernán Salgado Pesantes / Abreu-Burelli