Article 14 (+ Article 8) - Entitlement to parental leave of male police personnel conditional upon lack of maternal care for their children
Contents for term
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
Article 3 and Article 11 (+ Article 14) - State’s failure to take operational preventive measures to protect applicants from homophobic and/or transphobic violence, conduct an effective investigation and ensure LGBT rally proceeded peacefully - Indications of official acquiescence, connivance and active participation in individual acts motivated by prejudice
Article 14 (+ Article 8) Discrimination/Family life - Refusal to grant applicant full parental rights and custody over her youngest child based solely or decisively on considerations regarding her sexual orientation - Decisive and discriminatory reliance on importance of male role model
Dissenting / Concurring: Wojtyczek
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Family abuse - Insulting, denigrating and violent behaviour leading to a constant climate of tension and fear within the domestic environment - Failure to object to sexual intercourse with one's spouse for fear of even more detrimental consequences does not constitute a mitigating factor
Sexual violence criminal offence - For the aggravating circumstance referred to in Article 609 ter(1)(2) of the criminal code to be applicable, the use of alcoholic or narcotic substances must depend on a giving carried out or facilitated by the defendant and whose purpose must be the performance of sexual acts
Family abuse - Exclusion of the extenuating circumstance of provocation in the offence of family abuse - Incompatibility of the extenuating circumstance of provocation with an offence including a habitual behaviour
Sexual violence criminal offence - Deposition of the offended person in the current procedural system - Subjective credibility and reliability of the narration
Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Acts specifically directed against a gender
Candidates on compulsory maternity leave - Violation of the special protection of mothers and children
Recognition of humanitarian and international protection - Pregnant women are vulnerable - Verification of the applicant's ‘vulnerable’ status for the purposes of granting a residence permit for humanitarian reasons
Lawful dismissal in case of conviction for private violence and telephone harassment
Surrogacy – Registration in Italy of a born-by-surrogacy child’s foreign birth certificate
The offence of sexual violence is committed even in the absence of physical contact with the victim - Sexual acts with a minor - Threats to coerce a minor into exchanging sexually explicit selfies and messages
Sexual violence and abuse of authority - Abuse of authority constitutes a position of supremacy to force the passive subject to perform or be subjected to sexual acts