Civil partnership – Automatic dissolution of civil partnership in case of judicial rectification of assigned gender of one party – The judge suspends the effects of the civil partnership until the celebration of the marriage and, in any case, not later than one hundred and eighty days from res judicata of the gender rectification judgment, if the two parties express, personally and jointly, their intention to marry until the required hearing
Special adoption request by intended parent rejected in absence of strong relationship with the child
Intended parent’s name excluded from the child’s born-by-surrogacy birth certificate – Role of the Mayor and the Ministry of the Interior in domestic dispute over the registration of a foreign court order
Assisted Reproductive Technologies – A man withdrew his consent to the implantation of a fertilised embryo into a woman’s uterus after the embryo has been fertilized – Alleged violation of the principle of equality as well as the right to self-determination and the conventional right to respect for private and family life
Surrogacy and parental rights, adoption is the legal instrument for the intended parent in same-sex couples
Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court, resulting in the applicant travelling abroad for termination - Impugned proceedings directly decisive for applicant’s Art 8 rights - Lack of required foreseeability depriving applicant of the proper safeguards against arbitrariness
Dissenting / Concurring: Krzysztof Wojtyczek, Péter Paczolay / Ivana Jelić, Gilberto Felici, Erik Wennerström
The prohibition of surrogacy hampers the recognition of the foreign order establishing the filiation of the child born abroad - Surrogacy: the foreign order naming the intended parent as the child's parent cannot be transcribed in Italy
Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse
Sterilisation without consent not reaching a requisite threshold of severity in case circumstances - Decision made in context of unexpected and urgent situation, after thorough consideration by a medical panel, and driven by genuine concerns for health and safety - Failure of doctors to seek and obtain express, free and informed consent for sterilisation, as required by domestic law
Dissenting / Concurring: Georgios A. Serghides, Darian Pavli / María Elósegui
Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Application for return of a child of a young age whose parents have joint custody – Transfer of the child and his mother to the Member State responsible for examining an application for international protection under Regulation (EU) No 604/2013 (Dublin III))
Judge Rapporteur: M. J.–C. Bonichot
Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin
Judge Rapporteur: M. Ilešič
State's failure to conduct effective investigations into the murder of a sex-worker and trans woman because of her gender identity and expression – Ineffective investigation into gender-based violence relying on prejudices against the trans community amounts to a violation of the right to freedom of expression
Dissenting / Concurring: Odio Benito, Pazmiño Freire, Vio Grossi
Prohibition of discrimination based on sexual orientation — Public statements ruling out recruitment of homosexual persons
Judge Rapporteur: I. Jarukaitis
Medically assisted procreation abroad and birth in Italy – Refusal of the civil registrar to name the intended mother together with the biological mother
The applicants, a married couple and their daughter born in Ukraine via gestational surrogacy, faced a refusal by the French Court of Appeal in 2017 to fully register the Ukrainian birth certificate, listing only the legal father-child relationship - The Court held that the intended mother could establish a legal relationship through adoption, not directly through the foreign birth certificate, in accordance with French law which does not permit gestational surrogacy - The Court found this approach did not violate the child's rights, as the adoption process provided an effective mechanism for establishing the mother-child relationship (no violation of Article 8)
Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources
Right of Union citizens to move and reside freely in the territory of the Member States — Definition of ‘spouse’ — Marriage between persons of the same sex
Judge Rapporteur: M. Ilešič
Absence of proper institutional oversight over and inadequate regulation of adoption procedures – Decision to separate children from their biological family based on discriminatory justifications regarding their economic situation, gender-based stereotypes about parental responsibilities and their grandmother’s sexual orientation
Prohibition of discrimination on grounds of sexual orientation and age — Payment of a survivor’s benefit to the civil partner — Partnership contracted before the 60th birthday of the member of the scheme
Judge Rapporteur: R. Silva de Lapuerta
Dismissal of a military police officer pursuant to the army's rules of discipline prohibiting homosexual acts is incompatible with the Inter-American system's principles of equality and non-discrimination