Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021

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

OC-27/21, Right to Freedom of Association, Right to Collective Bargaining and Rights to Strike, and their Relation to Other Rights, with a Gender Perspective, IACtHR, 5/05/2021

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

Guzmán Albarracín and Others v. Ecuador, IACtHR, Series C No. 405, 24/06/2020

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

Lopez Martinez v. Spain, ECtHR, 32897/16, 09/03/2021
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2020

Article 14 in conjunction with Article 1 of Protocol No. 1 - The applicant, a widow, argued that the denial of her right to a survivor’s pension due to her husband’s lack of social security contributions violated her rights - The decision to deny her pension was discriminatory based on her husband's failure to meet contribution requirements

S.M. v. Croatia, ECtHR, 60561/14, 25/06/2020 [GC]
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2020

Article 4 (Positive obligations/Effective investigation/Trafficking in human beings) - Failure to hold effective investigation into allegation of human trafficking and exploitation of prostitution

Dissenting / Concurring: Turković / O’Leary, Ravarani / Pastor Vilanova / Serghides

Workers of the Fireworks Factory in Santo Antônio de Jesus and Their Families v. Brazil, IACtHR, Series C No. 407, 15/07/2020

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

C‑274/18, CJEU, 03/10/2019

Less favourable treatment of part-time workers compared to full-time workers as regards their conditions of employment – National legislation fixing a maximum duration of fixed-term employment that is longer for part-time workers than for fulltime workers – Equal treatment of men and women in matters of employment and occupation, concept of ‘indirect discrimination’ on grounds of sex 

Judge Rapporteur: A. Prechal

E.B. v. Romania, ECtHR,49089/10, 19/03/2019
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2019

The applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights - A violation of Article 3 (prohibition of inhuman or degrading treatment) and of Article 8 (right to respect for private and family life)

Ebru Dinçer v. Turkey, ECtHR, 43347/09, 29/01/2019
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2019

Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - the applicant alleged that she was subjected to excessive use of force by the police during her arrest at a peaceful demonstration - The protection of peaceful demonstrators from disproportionate state actions

26663, CSC, 22/10/2018
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2018

Principle of non-discrimination - Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006: “it is also appropriate to make express provision for the protection of the employment rights of women on maternity leave and in particular their right to return to the same or an equivalent post, to suffer no detriment in their terms and conditions as a result of taking such leave and to benefit from any improvement in working conditions to which they would have been entitled during their absence”