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
Contents for term
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
Recruitment of hundreds of female and male workers from low-income communities to work in a privately-owned cattle ranch with the promise of good salaries followed by forced labor and servitude, inhumane working and deplorable living conditions, including withholding of wages, threats and violence under the constant vigilance by armed guards - Violation of the right to freedom from slavery and trafficking, to judicial protection, and to effective remedy
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto
Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family
Dissenting / Concurring: Ferrer Mac-Gregor Poisot
Article 4 (Trafficking in human beings) - Shortcomings in response to criminal complaint of human-trafficking
Illegal and arbitrary detention, and killing of women human rights defenders in a context of systematic gendered violence - Violation of the right to life, to dignity, and to freedom and security
Dissenting / Concurring: Ferrer Mac Gregor-Poisot / Vio Grossi
Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) – Unlawful dismissal of the applicant from her public sector job due to her political affiliations – Insufficiently justified dismissal disproportionately interfering with her rights
Dissenting / Concurring: Kjølbro
Equal treatment of male and female workers, part-time workers, primarily female — National legislation providing for a maximum amount of unemployment benefit — Legislation referring, for the purposes of the calculation of that amount, to the relationship between the working hours of the part-time employees concerned and the working hours of full-time employees
Judge Rapporteur: A. Prechal
Equal treatment of men and women in matters of employment and occupation — Discriminatory dismissal — Compensation or reparation for the loss and damage actually sustained
Judge Rapporteur: M. Safjan
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - The applicant complained of excessive police force during her arrest at a protest - The obligation of authorities to ensure the protection of individuals’ rights during peaceful demonstrations
Dissenting / Concurring: Kjølbro / Sajo, Keller, Kuris.
The applicant alleged that she had been a victim of a breach of Articles 3 and 8 of the Convention on account of the State’s failure to conduct a proper investigation into her allegation of rape committed against her - The applicant also complained that there had not been any effective remedies available to her as required by Article 13 of the Convention in respect of the above breaches.
Article 8 (Respect for home) - Lack of appropriate legal framework to protect occupant of flat from harassment by co-owners
Article 3 (Procedual) - The applicant alleged that the trial concerning her rape had been unduly long and had not been conducted with the required diligence