Refusal to grant custody to a parent living in a homosexual relationship - Violation of Article 8 and 14
Contents for term
Refusal to grant custody to a parent living in a homosexual relationship - Violation of Article 8 and 14
Article 8 (Respect for private life) Article 14 (Discrimination) - Discharge from army due to implementation of policy against participation of homosexual in armed forces - Discharge from army due to implementation of policy against participation of homosexual in armed forces
Dissenting / Concurring: Loucaides
Behaviour and language that infringe personal dignity and in particular one’s sexual freedom - Sexual harassment in the workplace - Dismissal for just cause
Protection of working mothers – Maternity allowance, upon request, for the period between the two months prior to the expected date of birth and the three months after the actual date of birth, regardless of the actual date of maternity leave – Alleged unequal treatment of female employees obligated by law to maternity leave during the aforementioned period
Equal treatment of men and women – Refusal of travel concessions to cohabitees of the same sex
Judge Rapporteur: J.-P. Puissochet
Equal treatment for men and women – Refusal to employ a woman as a chef in the Royal Marines
Judge Rapporteur: J.-P. Puissochet
Equal treatment for men and women – Dismissal of a pregnant woman – Absences due to illness arising from pregnancy
Judge Rapporteur: P.J.G. Kapteyn
Article 8 (right to respect for private and family life) – Request of amendment of birth certificates following gender reassignment by two transgender men – No violation
Dissenting / Concurring: De Meyer, Valticos, Morenilla / Freeland / Bernhardt, Thór Vilhjálmsson, Spielmann, Palm, Wildhaber, Makarczyk, Voicu / Casadevall / van Dijk / Wildhaber
Equal treatment of men and women - Equally qualified male and female candidates - Priority for female candidates
Judge Rapporteur: P. J. G. Kapteyn
Article 8 (Respect for private life) - Prosecution and conviction for sado-masochistic practices
Dissenting / Concurring: L.-E. Pettiti
Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor - No violation
Dissenting / Concurring: J. Casadevall, C. Russo, J. Makarczyk, Thór Vilhjálmsson, I. Foighel, D. Gotchev / L.-E. Pettiti, J. De Meyer
Article 8 (Positive obligations and Respect for family life) - Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor
Dissenting / Concurring: Pettiti / De Meyer / Casadevall, Russo, Makarczyk / Thór Vilhjálmsson / Foighel / Gotchev
Protection of working mothers – Prohibition of dismissal of female workers during pregnancy and childbirth – Alleged unequal treatment with respect to domestic and family service workers
Article 5(1) of the Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to a gender reassignment – Intention to undergo gender reassignment, surgery to give the physical attributes of a woman – Discrimination is based, essentially if not exclusively, on the sex of the person concerned
Judge Rapporteur: P. J. G. Kapteyn
Equality before the law without distinction of sex - Possibility for all citizens, of both sexes, to have equal access to public and elected offices in equal shares
Detention, rape, and torture of a woman by the Turkish security forces during a counter-terrorism operation – Violation of Article 3 (prohibition of torture), Article 5 (right to liberty and security), and Article 13 (right to an effective remedy)
Dissenting / Concurring: Matscher / Pettiti / Gölcüklü, Matscher, Pettiti, De Meyer, Lopes Rocha, Makarczyk, Gotchev / Gölcüklü,Pettiti, De Meyer, Lopes Rocha, Gotchev / Gölcüklü / De Meyer
Equal treaetment of men and women - Equally qualified candidates of different sexes - Priority given to women
Judge Rapporteur: P. J. G. Kapteyn
Working mother - Right to optional abstention from work for six months in the first year of the child's life – Abstention also granted to the father, but only if the mother is employed, not if she is self-employed
Exclusion of women from access to public office - Unjustified discrimination on grounds of sex
Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
Judge Rapporteur: F. Grévisse