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
Contents for term
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
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
Article 3 and Article 8 - Authorities breaching procedural positive obligations as to enforcement of sentence for sexual assault after offender’s amnesty granted then revoked
Article 3 (+ Article 14) - Discrimination - Failure to conduct effective investigation into whether assault by private party was a hate crime motivated by homophobia
Article 14 (+ Article 8) - Entitlement to parental leave of male police personnel conditional upon lack of maternal care for their children
Article 14 (+ Article 1 P1) - Unjustified, direct sex discrimination owing to refusal of employment-related benefit to pregnant woman who underwent in vitro fertilisation shortly before employment
Dissenting / Concurring: Krzysztof Wojtyczek
The applicant complains under Articles 8, 9 and 10, both alone and in conjunction with Article 14 of the Convention, that his rights were interfered with by a public authority (namely, the Supreme Court) by its decision to dismiss his claim for breach of statutory duty; and that the interference was not proportionate - Inadmissible
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
Article 3 (+ Article 14) (Inhuman or degrading treatment, Positive obligations, and Discrimination on the basis of sexual orientation) - State’s failure to protect LGBT bar owner and activist from homophobic arson, physical and verbal attacks and to carry out effective investigation - Absence of effective domestic criminal-law mechanism for investigating discrimination complaints
Article 3 (substantive and procedural) read in the light of Article 14 (Positive obligations/Degrading treatment/Discrimination) - Failure to take effective preventive measures aimed at protecting members of LGBTI community from violent verbal and physical hate-motivated attacks by private individuals during demonstrations and to conduct an effective investigation into homophobic motives of counter-demonstrators