Equal treatment for men and women – Part-time work - Workers of one sex are at a particular disadvantage compared to workers of the other sex
Contents for term
Equal treatment for men and women – Part-time work - Workers of one sex are at a particular disadvantage compared to workers of the other sex
Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Judge Rapporteur: N. Piçarra
Qualification for refugee status – ‘Membership of a particular social group’ – Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State
Judge Rapporteur: N. Piçarra
Violation of Article 2 (procedural) - Lack of effective investigation into the alleged suicide of the applicant’s daughter in a domestic violence context - Investigative authority’s non-compliance with requirement to display particular diligence and vigour when investigating a case involving violence against women could be read as sheer unwillingness to establish the truth
Equal treatment for men and women – Part-time work - Workers of one sex are at a particular disadvantage compared to workers of the other sex
Female workers - Women workers - Direct discrimination on grounds of sex - Dismissal of an employee because of her pregnancy
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
Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)
Law enforcement - Winners absent from work for maternity leave - Violation of equal treatment between women and men and of the special protection of mothers and children
Pregnant adolescent encouraged to give her unborn child up for adoption by health professionals on the basis of gendered stereotypes concerning her unsuitability to find a partner to form a family should the child be kept by her – Authorization to adopt the baby signed by the mother without any assisting lawyer in a document directed to the Provincial Direction for the Promotion of the Rights of the Child, Adolescent and the Family – Violation of the rights to equality, family life, judicial guarantees, judicial protection, physical integrity, live free from violence, and the rights of
Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da
Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg
Surname of children born outside of marriage or born to married couples – Violation of children’s right to a personal identity and of the principle of equality in the relationship between the parents – It is up to the legislator to weigh the interests of children to have the same surname as their brothers and sisters
Necessary gender parity in electoral lists - Violation of the principles of gender equality and substantive equality
Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse – Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl – Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the
Prohibition of any discrimination on grounds of sex – Domestic workers – Particular disadvantage to female workers
Judge Rapporteur: L.S. Rossi
Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC, Article 5(c) and Article 12, prohibition of indirect discrimination on grounds of sex –National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount
Judge Rapporteur: T. von Danwitz
Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – National legislation providing that two or more total occupational invalidity pensions acquired under the same statutory social security scheme are incompatible – Finding of indirect discrimination on the basis of statistical data, determination of the affected groups to be compared
Judge Rapporteur: A. Prechal
Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life - Evaluation of the alleged mother's inability to fulfil her parental duties based on stereotyped assumptions concerning gender roles and her sexual life
Dissenting / Concurring: sexual expression, discrimination against women, adoption
Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse
Article 8 (Private and family life) - Refusal of couple’s request for a self-funded second homologous in vitro fertilisation procedure, on the basis of the wife’s age, not in accordance with a law of sufficient quality