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
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
Rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation - Violation of Article 8 (right to respect for private and family life)
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
Article 8 (Private life) - Collection of data on sexual behaviour of potential blood donor based on speculation, and excessive length of data retention by public body - Applicant deferred from blood donation on basis of law requiring contraindication for men who had had sexual intercourse with another man
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
Article 3 (procedural) - Failure to carry out effective investigation into alleged death threats against vulnerable rape victim by her abuser father, in breach of domestic law
Dissenting / Concurring: Wojtyczek / Derenčinović