Drug addict mother on treatment disproportionately deprived of parental authority over her children who were not neglected or in danger, of which the two youngest placed in public care - Violation of Article 8
Contents for term
Drug addict mother on treatment disproportionately deprived of parental authority over her children who were not neglected or in danger, of which the two youngest placed in public care - Violation of Article 8
Lack of legal recognition of the filiation relationship between a child born abroad through surrogacy and the intended parent – Refusal to register in Italy foreign order
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority
Alternative medicine practitioner, osteopathy - Patient's consent required if medical treatment is invasive of the sexual sphere - Sexual violence committed where the patient has not been informed in advance
Relationship between the offence of aggravated murder and persecutory acts - Offence of persecutory acts not absorbed by that of aggravated murder
The offence of sexual violence is committed in the case of a forced kiss on the lips - Qualification of the kiss on the mouth as a ‘sexual act’ even in the case of mere lip contact - Kissing as an act of erotic value
Gang rape - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence - The prior agreement of the participants is not required in gang rape offence
Sexual violence criminal offence - Possibility of deeming ‘unconventional’ sexual acts to be lawful insofar as they take place with the consent of the participants throughout their duration
Indirect discrimination not to employ a woman for reasons of physical unfitness due to short stature – Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women
The offence of sexual violence is committed in the case of sudden embrace involving physical contact between the bodies, including the genitals, and lateral touching of the breasts - Offence of sexual violence and mitigating circumstances - Inability to counter
The offence of stalking is committed if the victim is continuously harassed by means of messages and posts on social networks, as well as by means of bitterly offensive and threatening expressions - Harassment and insults by means of Facebook posts and the consequent destabilising effect on the victim's peace of mind and psychological balance
Sexual violence and the hypothesis of lesser seriousness – Psychophysical consequences suffered by the victim judged to be of such a magnitude that the act cannot be considered less serious
Any form of psycho-physical coercion capable of affecting the freedom of people’s self-determination is sufficient for the offence of sexual violence to be committed - Cultural differences are irrelevant in offences against fundamental human rights
The offence of sexual violence is committed in the case of a slap on the bottom - Sexual act capable of embodying sexual pleasure or arousing the stimulus thereof
Sexual violence criminal offence - Foreigner accused of a crime against the person or the family – Defendant’s cultural and religious differences are in no way justifications
Article 11 (right to freedom of assembly), Article 13 (right to an effective remedy), Article 14 (right not to be discriminated against) - Repeated refusals to authorise gay-pride parades
The husband initiated proceedings under the Hague Convention for the minor’s return to Norway and obtained an order from the Latvian courts - The applicant claimed this decision violated their right to family life and was made through a flawed procedure - Violation of Article 6 with respect to the right to adversarial proceedings and equality of arms
Equal treatment for men and women in matters of social security — Directive 79/7/EEC, Article 4, Prohibition of any discrimination on the ground of sex, Indirect discrimination — Part-time work, Calculation of retirement pension
Judge Rapporteur: A. Prechal
Social policy, directive 2006/54/EC, equal treatment of men and women, access to employment and working conditions — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate, dismissal of that employee
Judge Rapporteur: A. Prechal
Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid
Judge Rapporteur: M. Safjan