Medically assisted procreation - Refusal to admit a prisoner in solitary confinement and rigorous imprisonment (Italian art. 41-bis) to medically assisted procreation

This case concerned the procedure for awarding parental authority and custody in respect of a child whose mother was Italian and whose father was a San Marino national - The applicants, the mother and the child, complained in particular about a decision ordering the child to be returned to San Marino to live with her father and to attend school there - No violation

Inability of father divested of his legal capacity to acknowledge paternity of his child - Violation of Article 8

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

Equal treatment for male and female workers –Right to leave for employed mothers – Possible use by an employed mother or an employed father 

Inability of biological father to establish in law his paternity of children born to a married woman with whom he had been cohabiting - No violation

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 

Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody

Paternity denial of child conceived during marriage - Prior proof of the wife's adultery at the time of conception

Impossibility to challenge in court the legal presumption of paternity - Impossibility of introducing an action for disavowal of paternity - Article 14 taken in conjunction with Articles 6 and 8

Maternity allowance in the case of adopted children – Possibility of maternity allowance limited to the mother with exclusion of the father - Unequal treatment

Adequacy of measures taken by courts to establish paternity - Violation of Article 8

Voluntary termination of pregnancy – Husband’s request for compensation for damages – Infringement of “right to paternity”

Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor - No violation

Article 8 (Positive obligations and Respect for family life) - Refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor

Working mother - Right to optional abstention from work for six months in the first year of the child's life – Abstention also granted to the father, but only if the mother is employed, not if she is self-employed

Legal impossibility for married woman to deny her husband's paternity of her child and thereby enable recognition by biological father - Violation of Article 8

Days off to breastfeed during child’s first year – The father cannot take days off to breastfeed in place of a mother renouncing them – Violation of equality in marriage, parental responsibilities and of the protection of motherhood and children 

Working father - Possibility of taking “days off” in place of the mother - Maternity allowance

Proceedings to establish the paternity of a child