Legitimate children’s surname - Automatic attribution of the father’s surname even if desired otherwise by the parents [who may so jointly request to give the child also the mother’s surname]
Contents for term
Legitimate children’s surname - Automatic attribution of the father’s surname even if desired otherwise by the parents [who may so jointly request to give the child also the mother’s surname]
Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Judge Rapporteur: M. Safjan
Maternity allowance only if the child has not exceeded the age of six - Unequal treatment between self-employed mothers in the case of international adoption and employed mothers in the case of domestic adoption - Infringement of the principles of maternity and child protection and of the protection of working women and children
Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her maternity leave – Less favourable treatment of a commissioning mother as regards the grant of maternity leave
Judge Rapporteur: M. Safjan
Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her paid leave equivalent to maternity leave or adoptive leave – Commissioning mother unable to bear a child
Judge Rapporteur: M. Safjan
Directive 2006/54/EC, equal treatment of men and women in matters of employment and occupation – Training course for acquiring the status of a public official – Exclusion on grounds of a prolonged absence, absence attributable to maternity leave
Judge Rapporteur: F. Biltgen
Inability under Turkish law for adoptive mother to have her forename recorded on child’s identity papers in place of the biological mother’s forename - Violation of Article 8 (Positive obligations)
Adoption – Adopted person’s access to information concerning his or her origins – Access to the identity of the biological mother having declared at birth she did not wish to disclose her identity
Directive 76/207/EEC, equal treatment for male and female workers & Directive 96/34/EC – Framework Agreement on Parental Leave – Abolishment of officials’ posts due to national economic difficulties, assessment of a female worker who took parental leave as compared to workers who remained in active service – Dismissal at the end of parental leave, indirect discrimination
Judge Rapporteur: M. Safjan
Excessively formalistic interpretation of domestic law as regards paid maternity leave for adoptive mother - Violation of Article 14
Dissenting / Concurring: Isabelle Berro-Lefèvre, Khanlar Hajiyev, Erik Møse
Maternity and childhood, protection of working mothers – Adoption and pre-adoptive fostering of a child - Arrangements for payment of maternity allowance for a period of three months following the time the child enters the family home
Compulsory maternity leave - Deteriorating working and personal situation - Obligation to work in unlivable conditions in a degraded place
Prohibition of In Vitro Fertilisation violates the right to privacy and family life, personal liberty and integrity, and to non-discrimination
Dissenting / Concurring: García-Sayán, Vio Grossi
Working mothers – Hypothesis of premature birth and admission of the newly born child to a public or private hospital – Right of the working mother to benefit from all or part of the mandatory period of leave to which she is entitled from the time the child enters the family home, upon request and where compatible with her state of health attested by medical documentation
Maternity allowance - Right of the self-employed father to receive maternity allowance in place of the biological mother - Alleged unjustified unequal treatment between self-employed fathers and mothers and between self-employed and employed fathers
Protection of female workers – Maternity allowance – Alleged violation of the principles of maternity and child protection and the principle of the protection of working mothers
Medically Assisted Procreation - Possibility of an implantation of up to a maximum of three embryos - The cryopreservation of the embryos is permitted only if the transfer of the embryos into the uterus is not possible due to serious and documented reasons of force majeure relating to the health of the woman which were not foreseeable at the time of fertilisation
Legitimate children’s surname – Automatic attribution of the father’s surname even if desired otherwise by the parents - Impossibility for the spouses to agree to attribute mother’s surname to their child
Maternity allowance in the case of adopted children – Possibility of maternity allowance limited to the mother with exclusion of the father - Unequal treatment
Adoption – Adopted person’s access to information concerning his or her origins – Access to the identity of the biological mother having declared at birth she did not wish to disclose her identity