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By Jonas Deweer-Vanmeerhaeghelawyer at the Belgian federal Institute for the Equality of Women and Menwhere he specializes in insurance discrimination and the protection of the rights of transgender and intersex persons. Disclaimer: The opinions expressed here are those of the author and do not necessarily reflect the official position of any organisation.


Croatia application no. The Court agreed with Ms. These institutions, despite several appeals by the applicant, upheld the notion that her employment had been fictitious since she had been in treatment for in vitro fertilization when accepting a position with a Croatian company. They claimed that her sole motivation for accepting the position was to obtain the pecuniary advantages related to the status of working persons during her pregnancy. Recently, the European Committee of Social Rights ECSR adopted a series of decisions on equal pay and equality of opportunity between women and men in the workplace.

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Following the collective complaints lodged by the non-governmental international organization University Women of Europe, it assessed the compliance with these standards of all the fifteen Member States to the European Social Charter ESC that have ratified or acceded to the Additional Protocol providing for a system of collective complaints, namely BelgiumBulgariaCroatia, CyprusCzech RepublicFinla n dFranceGreeceIrelandItalythe NetherlandsNorwayPortugalSlovenia and Sweden.

The decisions were adopted on 5 and 6 December and became public on 29 June Moreover, the Court concluded that the authorities had failed to strike a fair balance between the right to freedom of expression and the need to protect public morals and the rights of others. Beyond the judgment itself and the finding of a violation of Article 10 of the European Convention of Human Rights hereinafter ECHRwhat merits attention is the elaborate concurring opinion delivered by Judge Pinto de Albuquerque on the regulation of pornography and the justification of restrictions of such material at a European and national level.

Alexandra Timmer was one of the co-founders of this blog in She is assistant professor human rights law at Utrecht University, and acting specialist coordinator gender equality of the European network of legal experts in gender equality and non-discrimination. Turkey is a case concerning sex discrimination in employment.

The judgment is largely a redux of Emel Boyraz v.

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Turkey Decemberwhich was based on similar facts. Demirel and Boyraz are interesting to discuss, as there are very few ECtHR cases concerning sex discrimination in employment.

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Unfortunately, as this blogpost will argue, the Court failed to address the structural hurdles that the applicants, because they are women, faced in the labor market. On 14 January Selma Civek was murdered by her husband. It was the denouement of years of battering and abuse. It deemed it unnecessary to examine the alleged violation of article 14 of the Convention: the prohibition of discrimination.

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Although the Court found that Turkey had violated the Convention and ordered the state to pay compensation, the judgment is very disappointing. What is even more disquieting is that the Court observed — without any apparent reason — that domestic violence not only affects women but also men and children and thus seemed to second — once more — to the worrisome ambiguity regarding the nature of domestic violence as a non -gendered human rights issue that also entered the text of the Convention on Preventing and Combating violence against women and domestic violence the Istanbul Convention.

The European Committee of Social Rights Committee recently rejected a complaint filed by the Federation of Catholic Families in Europe FAFCE against Sweden that claimed health professionals are entitled to deny women legal abortion services based on claims of personal conscience.

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The case concerns a ban on the wearing of face veils in the public space. Although the outcome of such highly debated cases is always unpredictablewe hoped that the Court would take this opportunity to bring procedural and substantive justice to the women wearing a face veil in Europe. Yaiza works on a project on the regulation of sexism in Belgian Law.

Cusan and Fazzo v. Francein which we submitted a third party intervention on behalf of the Ghent University Human Rights Centre.

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The case concerns the French law banning the face veil, a highly debated piece of legislation, which was also obvious from the amount of international press covering the hearing. I will first briefly discuss the content of our third-party intervention and then turn to a summary of the hearing which left a positive impression on us. Domestic violence against women is one example, as is trafficking and domestic servitude.

There is an extremely worrying dearth of judgments on these issues. This is just the fourth judgment in which the Court finds a violation of the prohibition of slavery, forced labor and servitude Article 4 ECHR. Polanda case of a Polish teenager who became pregnant as a result of rape and was humiliated, harassed, and manipulated in her quest for a legal abortion.

Poland and R. It also develops important reasoning on the vulnerability of young rape victims as well as their right to personal autonomy in matters of reproductive choice. The Court establishes that P and S had been subjected to several violations of their rights under Article 8, Article 5, and Article 3. This is a groundbreaking case, particularly in regard to the sexual and reproductive rights of adolescents.

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In the highly interesting Staatkundig Gereformeerde Partij v. The party does not allow women to stand for election, as it believes that God teaches that men and women have different roles in life. I was wrong. The reasoning is brief, but includes three steps that combine to make this a memorable ruling. I will discuss these steps below. By the way, this case has provoked a lot of controversy in the Netherlands over the past years most of it is in Dutch, but see this article in the Human Rights Quarterly.

With this post, I cannot do justice to the whole debate; I just aim to give you my first impressions of the decision. The Court has recently ruled in V. Slovakiaa case brought by a Roma woman who complained that she was sterilized without her informed consent. The judgment is no doubt a landmark decision with crucial implications for women belonging to minority ethnic groups.

The Court condemns the Slovakian government in strong terms. Ovum donation is under all circumstances prohibited; sperm donation is only possible when the sperm is directly placed in the womb of a woman in vivo artificial insemination. Two Austrian couples complained about this regulation; the first couple needs IVF treatment with use of donor sperm and the other couple needs IVF with use of a donor ovum to fulfill their wish for of which at least one of them is the genetic parent.

Inthe First Section held in S. Austria that the Austrian regulation violated Article 14 in conjunction with Article 8 of the Convention, with a vote of regarding the first couple and vote regarding the second couple. Stijn and I have both blogged about that Chamber judgment see here and here. The Grand Chamber reversed that judgment a few days ago.

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With a vote of 13 to 4, the Grand Chamber concludes that the restrictive Austrian assisted reproduction regulation is not contrary to the Convention. Quite frankly, I have difficulties writing this post. The case raises very complex issues, situated as it is within a highly contentious debate about the way the Court should adjudicate culturally or ethically sensitive issues. Recently, the Court has had to endure a barrage of critique for what is perceived as its usurpation of power from the Contracting States.

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The stakes are high; a lot of pressure is put on the Court. It is impossible to navigate this debate and discuss all the facets of the case satisfactorily in a blog post. This guest post was written by Dr. Roberta Avellino. She has moreover obtained a Master of Laws in International Law following research on trafficking in persons, security governance and State responsibility.

We are thankful to Dr. The European Convention on Human Rights makes no direct reference to the modern crime of trafficking in persons. However, Article 4 prohibits slavery, servitude and forced labour. But how should the parameters of servitude and the prohibition thereof be delineated?

Is trafficking in persons included within the considerations of the Convention?

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The European Court of Human Rights ECtHR has attempted to clarify this issue through the case of Siliadin v France [1] and held that a of international human rights treaties aimed at protecting human beings from slavery, servitude and forced or compulsory labour. In referring to the Parliamentary Assembly of the Council of Europe, the Court also officially recognized the unfortunate truth of modern day slavery despite the abolishment of this practice more than years ago.

This was the first time a domestic violence survivor filed an international legal claim against the U. The facts of the case are horrifying.

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As Alexandra correctly noted in her postR. Poland is a very interesting judgment. The focus of this post will lie on the general health rights implications of this judgment, which exceed the specific context of reproductive health.

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She had a severe sight disability and there were serious reasons to believe that her sight would decrease even more if she were to give birth. As she was denied access to an abortion, she eventually became almost blind. The case of R. The Court has released an important judgment in the area of reproductive health, R. It is also a very interesting judgment, as it raises a complex set of issues connected to different fields of law. Our team had a lively debate about this case yesterday. With this post I would like to put my first thoughts on paper.

Facts The facts of R. Poland make for sad reading.

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