Distinction between male and female educational staff - Alleged unreasonable violation of the principle of non-discrimination on grounds of gender
Contents for term
Distinction between male and female educational staff - Alleged unreasonable violation of the principle of non-discrimination on grounds of gender
Out-of-wedlock child’s surname - Automatic attribution of the father’s surname – Alleged violation of the right to personal identity and the principle of equality, also with regard to European and supranational obligations
Verification of indirect gender discrimination by the employer in the selection process for economic development - Actual disadvantage to female workers
Discrimination on grounds of pregnancy or maternity constitutes a special example of gender-based discrimination - Non-renewal of the fixed-term contract of a pregnant worker - Refusal to appoint a pregnant woman or firing her because of her pregnancy or maternity status constitute a direct discrimination on grounds of sex
Killing of a young African descent woman and impunity of the perpetrator due a broad application of the parliamentary immunity - Gender stereotypes employed by domestic authorities to the detriment of the victim - Violation of the right to equality before the law, to judicial protection, and to be free from discrimination
Verbal, physical and sexual violence committed against a female journalist in the context of a kidnapping by a paramilitary group - Violation of the right to judicial protection, to dignity, to freedom of thought and expression, to personal integrity, to equal protection before the law - Lack of due diligence due to discriminatory attitudes towards the victim in the course of the investigations
National legislation providing for a pension maternity supplement to be granted to women who have had a certain number of children – Exclusion from entitlement to that pension supplement of women who have requested early retirement
Judge Rapporteur: M. Safjan
Equal pay for male and female workers – Claims seeking equal pay for work of equal value – Workers of different sex having the same employer
Judge Rapporteur: T. von Danwitz
Social policy, equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1), Voluntary early retirement, Early retirement pension, Requirement for the pension amount to be received to be at least as much as the legal minimum amount – Proportion of workers of each sex excluded from the benefit of early retirement, justification of a potential particular disadvantage to female workers
Judge Rapporteur: F. Biltgen
Killing of a female huma rights defender in the contest of spread abuses against women - Ineffective investigations without a gender lens - Violation of the right to dignity, to judicial protection and to personal integrity
Condemnation of national courts for upholding presumptions and stereotypes of female sexuality - Positive obligations - 'Secondary victimisation' of a survivor of sexual violence due to the blaming, moralising and stereotyped gendered motivations of the domestic decision
Dissenting / Concurring: Wojtyczek
Extrajudicial killing of two women and forced disappearance of two men - Ineffective investigations - Violation of the right to personal integrity and to judicial protection
Dissenting / Concurring: Sexual violence, discrimination against women, ineffective investigations, disappearance
Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geogr
Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique
Freedom of association as a general principle of international law with collective and individual connotations, protecting the right to form trade union organisations and the right of each person to determine without coercion whether or not to join the association - The right to collective barganing as an essential part of freedom of association with a gendered impact on labour rights, violence and discrimination in the workplace - Presence of gender roles and stereotypes, both in the public arena and in the private sector, standing as a barrier to the full exercise of women's labour rights
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Candidates on compulsory maternity leave - Violation of the special protection of mothers and children
Discrimination against women - 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
Student repeatedly sexually abused by her public school's vice principal - Being pressured by the abuser to have an abortion, she committed suicide - Violation of the right to life, personal integrity, private life, dignity, education, health and to be free from gender violence and discrimination - State's obligation to adopt structural measures to address sexual violence in the school environment, including a policy to provide access to sex and reproductive education
Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general
Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire
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