371/2003, CC, 17/12/2003
 | 
2003

Maternity and childhood, working mothers who adopt - Right to maternity allowance in the case of international adoption - Entitlement during the three months following the entry of the adopted or fostered child, even if he or she is over six years of age - Manifestly unreasonable difference in treatment between employees and self-employed women

3/1998, CC, 26/01/1998
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1998

Protection of working mothers – Maternity allowance, upon request, for the period between the two months prior to the expected date of birth and the three months after the actual date of birth, regardless of the actual date of maternity leave – Alleged unequal treatment of female employees obligated by law to maternity leave during the aforementioned period

Marckx v Belgium, ECtHR, 6833/74, 13/06/1979
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1979

No legal bond between an unmarried mother and her child resulted from the mere fact of birth - To create the bond, the mother had either to recognise maternity in specific proceedings or to adopt the child - Violation of Article 8 and 14

Dissenting / Concurring: Balladore Pallieri, Pedersen, Ganshof Van Der Meersch, Evrigenis, Garcia de Enterria, O’donoghue, Thór Vilhjálmsson, Gerald Fitzmaurice, D. Bindschedler-Robert, F. Matscher, J. Pinheiro Farinha