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
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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
Working mothers – Hypothesis of premature birth and admission of the newly born child to a public or private hospital – Right of the working mother to benefit from all or part of the mandatory period of leave to which she is entitled from the time the child enters the family home, upon request and where compatible with her state of health attested by medical documentation
Fundamental rights, Combating discrimination – Equal treatment for men and women, sex as a factor in the assessment of insurance risks – Private life assurance contracts – Directive 2004/113/EC, Article 5(2), Derogation not subject to any temporal limitation
Judge Rapporteur: E. Juhász
Equal treatment for men and women in matters of social security – Exclusion from entitlement to the compensatory supplement of pensioners whose income, including that of the spouse forming part of their household, exceeds that standard amount – Indirect discrimination against women
Judge Rapporteur: A. Prechal
An attack on the applicant in the street in the course of which acid was thrown in her face, and the question of the authorities’ obligation to protect people and diligence in the proceedings following the attack - A violation of Articles 3 (prohibition of inhuman and degrading treatment – procedural aspect) and 8 (right to respect for private and family life)
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi
The respondent government’s proposal to return a Nigerian woman and her two daughters to Nigeria where she claimed her daughters faced the risk of female genital mutilation - There was no evidence sending the applicants back to Nigeria would amount to a violation of Article 3
Article 4 (Trafficking in human beings) - Trafficking of a young Bulgarian girl in Italy not supported by sufficient evidence - Inadmissible
Dissenting / Concurring: Kalaydjieva
The allegation of a Slovak woman of Roma ethnic origin that she had
been the victim of forced sterilisation - A violation of Article 3 (prohibition of inhuman or degrading treatment) - A violation of Article 8 (right to respect for private and family life)
Dissenting / Concurring: Ljiljana Mijović
Article 2 (Positive obligations) - Absence of provision in criminal law to sanction involuntary termination of pregnancy - No violation
Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy) - Ill-treatment of a woman by Turkish police officers during detention
Dissenting / Concurring: Sajó
Protection of female workers – Maternity allowance – Alleged violation of the principles of maternity and child protection and the principle of the protection of working mothers
Torture and rape of an indigenous woman by military personnel - State's failure to comply with due diligence to investigate and punish the perpetrators - Ineffective investigations - Violation of the right to personal integrity, dignity, to private life, to judicial protection and to an effective remedy
Dissenting / Concurring: Espinosa
Article 3 (Expulsion) - Risk of ill-treatment in case of deportation to Afghanistan of a woman separated from her husband - Deportation would constitute a violation
Article 3 (Degrading treatment, Inhuman treatment, and Expulsion) - Alleged risk of female genital mutilation if applicant returned to Nigeria - Inadmissible
Article 4 (Trafficking in human beings) and Article 2 (Effective investigation) - Failure by Cyprus to establish suitable framework to combat trafficking in human beings or to take operational measures to protect victims and failure by Russia to conduct effective investigation into recruitment of a young woman on its territory by traffickers - Failure by Cypriot authorities to conduct effective homicide investigation, in particular, as regards securing relevant evidence abroad under international convention for mutual assistance
Rape of an indigenous girl by members of the army - Ineffective investigations - State's failure to prevent, investigate and punish violence against women – Violation of the obligation of non-discrimination in accessing justice
Dissenting / Concurring: Abreu Blondet / Espinosa