Distinction between persecutory acts and harassment - Persecutory acts cause the victim a persistent and severe state of anxiety or alteration of his or her life habits - Harassment as acts aimed at annoying the victim
Contents for term
Distinction between persecutory acts and harassment - Persecutory acts cause the victim a persistent and severe state of anxiety or alteration of his or her life habits - Harassment as acts aimed at annoying the victim
Out-of-wedlock child’s surname - Automatic attribution of the father’s surname – Alleged violation of the right to personal identity and the principle of equality, also with regard to European and supranational obligations
Using the derogatory epithets ‘frocio’ and ‘disgusting’ against a person constitutes defamation - Injury to personal identity - Prohibition of discrimination
Human trafficking - Profiting from the victims' situation of vulnerability, physical and psychological inferiority and need - Exploitation of prostitution and exposure of victims to serious danger to life and bodily harm
Verification of indirect gender discrimination by the employer in the selection process for economic development - Actual disadvantage to female workers
Family abuse - Repeated acts of physical or moral harassment – Family abuse criminal offence also applies to working relationships in which, due to the small number of people and the limited space, the environment is comparable to a family
Registration in Italy of child’s - conceived through recourse to heterologous medically assisted reproduction - foreign birth certificate – Italian intentional mother and foreign biological mother – Parent’s gender identity cannot justify deterrent treatment of child
Same-sex couple - Refusal of the civil registrar to name in child’s birth certificate also the intended mother
Prohibition on correction of the birth certificate of a child born in Italy but conceived through recourse, by two women, to heterologous procreation abroad - Prohibition on naming in the birth certificate also the intended mother
Irrelevant cultural motive in cases of denial of fundamental goods and rights as configured by the constitutional framework - Assignment of minor daughter for payment of the so-called ‘bride price”
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
Sexual violence criminal offence - The offence of sexual assault is committed even if a more invasive act of the victim's sexual sphere had been prearranged
Sexual violence committed even if the violence is not brutal and aggressive – Sexual violence act even exclusively as a functional and limited pretension of the sexual act itself – Kissin is a sexual act
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
Trafficking victim of Nigerian origin deprived of any contact with her children, contrary to experts’ recommendations and even before the final decision on their availability for adoption - Violation of Article 8
Article 8 (Family Life) Article 14 (+ Article 8) - Restriction of applicant’s parental rights and deprivation of contact with her children on gender identity grounds and domestic courts’ failure to conduct in-depth examination of entire family situation and of relevant factors - Discrimination on gender identity grounds and lack of convincing and sufficient reasons for difference in treatment vis-a-vis parents whose gender identity matched sex assignment at birth
Dissenting / Concurring: Georges Ravarani, María Elósegui
Article 14, Article 8 and Article 11- Discrimination on the basis of sexual orientation - State’s failure to ensure LGBT event proceeded peacefully, without verbal abuse, and carry out an effective investigation into homophobic motives of counter-demonstrators
Dissenting / Concurring: Grozev, Harutyunyan
Athletics South Africa challenging the Swiss Federal Supreme Court's decision upholding World Athletics' regulations on testosterone levels for female athletes with Differences in Sexual Development (DSD) – Article 14 and Article 8 – Association not considered as direct and personal victim for the purposes of Article 34
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