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
Contents for term
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
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
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
Exclusion of women from access to public office - Unjustified discrimination on grounds of sex
Working mothers - Termination during pregnancy and childbirth – Obstacle to the achievement of truly equal rights for working women