Arbitrary detention and violence against a woman in the context of systematic sexual violence – Ineffective investigations - Violation of the right to dignity, to physical integrity, to judicial protection, and to non-discrimination
Contents for term
Arbitrary detention and violence against a woman in the context of systematic sexual violence – Ineffective investigations - Violation of the right to dignity, to physical integrity, to judicial protection, and to non-discrimination
Article 3 (Positive obligations) - Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher
Dissenting / Concurring: Ziemele / Zupančič, Gyulumyan, Kalaydjieva, De Gaetano, Wojtyczek / Charleton
Article 3 (Effective investigation) - Undue delays in criminal proceedings and failure properly to investigate rape and assault allegations
Ineffective investigations with many deficiencies after the victim’s mother’s report of the disappearance and later killing of her young minor daughter - Violation of the right to life, to personal integrity, to non-discrimination and the duty of due diligence to prevent and investigate violence against women
The applicant was raped by a group of men and the case was delayed for a decade because some of the defendants had emigrated to Austria - Violation of Article 3 (procedure)
Transferor not less than 55 years old but not yet of normal retirement age at the time of transfer – Concept of ‘normal retirement age’, national legislation determining a retirement age which varies depending on the sex of the applicant and, for women, on the number of children raised – General principles of equal treatment and non-discrimination
Judge Rapporteur: G. Arestis
Right to leave for employed mothers after the birth of a child – Possible use by an employed mother or an employed father – Non-employed mother who is not covered by a State social security scheme – No right to leave for employed father
Judge Rapporteur: M. Safjan
Directive 76/207/EEC, equal treatment for male and female workers & Directive 96/34/EC – Framework Agreement on Parental Leave – Abolishment of officials’ posts due to national economic difficulties, assessment of a female worker who took parental leave as compared to workers who remained in active service – Dismissal at the end of parental leave, indirect discrimination
Judge Rapporteur: M. Safjan
Rape and torture by police officials of a woman during detention and arrest for purported involvement in terrorist activities – Violation of the right to privacy, dignity, and to humane treatment
Excessively formalistic interpretation of domestic law as regards paid maternity leave for adoptive mother - Violation of Article 14
Dissenting / Concurring: Isabelle Berro-Lefèvre, Khanlar Hajiyev, Erik Møse
Compulsory maternity leave - Deteriorating working and personal situation - Obligation to work in unlivable conditions in a degraded place
Article 14 (Discrimination) - Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute
Forced disappearance of 26 people registered in a 'military diary' between 1983-1985 in the context of an internal conflict - Ineffective investigations - Violation of the right to judicial protection, to personal integrity, and to freedom of association
Violation of Article 3 (treatment and investigation) and Article 8 - The case concerned three women of Roma origin who complained in particular that they had been sterilised without their full and informed consent, that the authorities’ ensuing investigation into their sterilisation had not been thorough, fair or effective and that their ethnic origin had played a decisive role in their sterilisation
A Moldovan national alleged that, at the age of fourteen, she was raped by an acquaintance, she complained that the authorities had not investigated her allegations effectively and that the requirement of corroborative evidence of resistance had been discriminatory against her - Violation of Article 3 (investigation)
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) – Excessive use of force by the police during a peaceful demonstration – Obligation to respect fundamental rights by public authorities in the context of public demonstrations
Article 14 (Discrimination) - Difference in treatment between male and female military personnel regarding rights to parental leave
Dissenting / Concurring: Pinto de Albuquerque / Kalaydjieva / Nußberger, Fedorova / Popović
The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8
The applicant’s complaint that, raped at the age of 13, the authorities took more than 15 years to complete the ensuing investigation and she had no remedies against their reluctance to prosecute her aggressors - A violation of the authorities’ obligation under Article 3 (prohibition of inhuman and degrading treatment)
Forced disappearances, murders, inhumane treatment and sexual violence against women in the context of the massacres against members of Río Negro community perpetrated by the Army of Guatemala and members of the Civilian Self-Defense Patrols - Violation of freedom from slavery, freedom of association, movement and residence, conscience and religion, the right to humane treatment, to life, to a fair trial, and to judicial protection