Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Contents for term
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Refusal to an arranged marriage
Surname of children born outside of marriage or born to married couples – Violation of children’s right to a personal identity and of the principle of equality in the relationship between the parents – It is up to the legislator to weigh the interests of children to have the same surname as their brothers and sisters
Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate - Possibility of granting the status of child recognised also by the intentional mother
Refusal of the civil registrar to two women’s request to correct their child’s birth certificate by naming both as mothers – Child born in Italy through recourse to medically assisted reproduction carried out by a female same-sex couple
Persecutory acts – The offence of persecutory acts is also committed in the case of indirect harassment - Communications of a harassing or threatening nature directed to recipients other than the offended person, but linked to the latter by a qualified relationship of proximity
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
Family abuse - Definition of the concept of ‘cohabitation’ is required to establish the crime family abuse - Cohabitation is a deep-rooted and stable affective relationship characterised by a lasting living together in the same place
Sexual violence and sexual acts with a minor – Regarding child sexual assault in a family context, reliability of statements made by the child and probable influence of the family
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
Family abuse - Repeated acts of physical or moral harassment - Habitual abuse by the defendant resulting in harassing and humiliating behaviour, which lasted for years and served to build a domestic life system that was no longer tolerable
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
Article 8 (Positive obligations/Private life) - Transgender men unable to obtain legal recognition of their gender without having undergone medical procedures to change their sex characteristics, due to imprecision of legal framework - Domestic authorities’ failure to provide quick, transparent and accessible procedures for legal gender recognition
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