State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
Contents for term
State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
Violation of the right to consent to marriage and the right to inheritance by the new Persons and Family Code setting marital age at 18 for boys and 16 or 15 for girls (subject to consent of her father) and for legitimate female offspring half of what males inherit
State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare
Social policy, equal treatment of men and women in matters of employment and occupation —National rules providing for the temporary possibility for performing artists having reached retirement age to continue to perform until the age previously laid down for entitlement to a pension, fixed at 47 years old for women and 52 years old for men
Judge Rapporteur: M. Berger
Directive 92/85/EEC, Articles 4, 5 and 7, protection of the safety and health of workers, worker who is breastfeeding, night work, shift work performed in part at night — Risk assessment of her work, prevention measures, challenge by the worker concerned — Discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months
Article 2 (substantive and procedual) - Acid attack on a woman in the street - Court having regard to general situation of violence against women in Albania
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Female employees of the Ministry of Cultural Heritage and Activities and Tourism - Retirement at the age of 65 of female workers who have fulfilled the prerequisites for receipt of a pension by virtue of having reached the age of 61 and having accumulated twenty years of contributions on or before 31 December 2011, whereas male workers in identical employment circumstances will retire at the age of 66 years and three months/seven months
Succession - Infringement of the principle of equality between men and women – Men preferred to women in choosing the heir
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
The investigation carried out by the Belgian authorities after the applicant had lodged a criminal complaint alleging rape and indecent assault - A violation of the procedural aspect of Article 3 (prohibition of inhuman and degrading treatment)
Equal treatment of men and women in matters of employment and occupation — Competition for entry to the police school of a Member State — Law of that state imposing a minimum physical height requirement on all candidates for admission to that competition
Judge Rapporteur: R. Silva de Lapuerta
Directive 92/85/EEC, Article 4(1), Protection of the safety and health of workers — Breastfeeding worker, risk assessment of her work, challenged by the worker concerned — Directive 2006/54/EC, Article 19, equal treatment, discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, male and female workers — Equal treatment in matters of social security — National legislation excluding days not worked from the contribution period for the purpose of establishing the duration of the benefit
Judge Rapporteur: F. Biltgen
Execution, torture and sexual assault of, inter alia, young girls, including minors, by police officers during a drug raid, with removal of corpses and obstruction of proper investigation – Violation of the rights to judicial protection, to physical, mental, and moral integrity, to move freely within a state and to a hearing within reasonable time by a competent and independent tribunal
Investigations carried out without due diligence - 'Crime of passion' as a part of a stereotype justifying violence against women and excusing the aggressor's conduct - State's stereotyped assessment of the investigation on the victim's personal relationships and lifestyle - Victim blaming by State agents
Legitimate children’s surname - Automatic attribution of the father’s surname even if desired otherwise by the parents [who may so jointly request to give the child also the mother’s surname]
Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Judge Rapporteur: M. Safjan