Discrimination in the workplace on grounds of sexual orientation – Inability for religious educational institutions to discriminate against candidate teachers on grounds of their sexual orientation
Contents for term
Discrimination in the workplace on grounds of sexual orientation – Inability for religious educational institutions to discriminate against candidate teachers on grounds of their sexual orientation
Discrimination on grounds of pregnancy or maternity constitutes a special example of gender-based discrimination - Non-renewal of the fixed-term contract of a pregnant worker - Refusal to appoint a pregnant woman or firing her because of her pregnancy or maternity status constitute a direct discrimination on grounds of sex
Recognition of the foreign order establishing a child’s adoption by a same-sex couple – Refusal to register it in case of adoption by same-sex couples
National legislation providing for a pension maternity supplement to be granted to women who have had a certain number of children – Exclusion from entitlement to that pension supplement of women who have requested early retirement
Judge Rapporteur: M. Safjan
Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin
Judge Rapporteur: M. Ilešič
Equal pay for male and female workers – Claims seeking equal pay for work of equal value – Workers of different sex having the same employer
Judge Rapporteur: T. von Danwitz
Social policy, equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1), Voluntary early retirement, Early retirement pension, Requirement for the pension amount to be received to be at least as much as the legal minimum amount – Proportion of workers of each sex excluded from the benefit of early retirement, justification of a potential particular disadvantage to female workers
Judge Rapporteur: F. Biltgen
Freedom of association as a general principle of international law with collective and individual connotations, protecting the right to form trade union organisations and the right of each person to determine without coercion whether or not to join the association - The right to collective barganing as an essential part of freedom of association with a gendered impact on labour rights, violence and discrimination in the workplace - Presence of gender roles and stereotypes, both in the public arena and in the private sector, standing as a barrier to the full exercise of women's labour rights
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Candidates on compulsory maternity leave - Violation of the special protection of mothers and children
Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate
Equal treatment - Discrimination in the workplace on grounds of sexual orientation - Right not to be discriminated against on grounds of sexual orientation
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Discrimination against women - Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women
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
Ban on surrogacy – Recognition of the relationship with the intended parent – Referral to Corte Costituzionale that will rule on the recognition of a child born abroad through surrogacy
Prohibition of discrimination based on sexual orientation — Public statements ruling out recruitment of homosexual persons
Judge Rapporteur: I. Jarukaitis
Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general
Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire
Lack of legal recognition of the filiation relationship between a child born abroad through surrogacy and the intended parent – Refusal to register in Italy foreign order
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority