Case law

Question 1

Symes v Canada

Answer 1

Wasn’t allowed to deduct childcare expenses from income

Question 2

Obst v Germany

Answer 2

Religious hiring requirements: men dismissed from public relations because of committing adultery

Question 3

CJEU case Germany 2018

Answer 3

religious hiring: job that entailed research but required membership of church. the court talked about effective judicial review and proportionality

Question 4

Plessy v Ferguson

Answer 4

Louisiana Act case

Question 5

Fernandez v Spain

Answer 5

Religious hiring: priest who has against celibacy and was dismissed

Question 6

Brown v Board of Education

Answer 6

Racism: black kids want to access the same public education

Question 7

Bougnaoui ADDH v Micropole

Answer 7

right to conduct business: veiled woman fired after customer complaining. court talked about aim and proportionality

Question 8

Samira Achbita v Secure Solutions

Answer 8

freedom to conduct business: veiled woman fired because of internal policy to not express religious beliefs in workplace

Question 9

Loving v Virginia

Answer 9

Racism: end of anti-miscegenation law

Question 10

South Africa v Hugo

Answer 10

Social constructionism: Nelson Mandela pardoned women with kids under 12, not men

Question 11

Yaker v France

Answer 11

Intersectionality and wearing religious clothing: two veiled women arrested and not indirect discrimination because of aim and proportionality

Question 12

Cakeshop v Colorado

Answer 12

Accomodation: bakery refused to do cake for gay wedding. they were against the message not the customer

Question 13

Sahin v Turkey

Answer 13

Wearing religious clothing: girl not allowed to enter university because of new turban ban. she relied on articles 9, 14, 10 and 8. the decision was upheld

Question 14

Parris v Dublin

Answer 14

Intersectionality: man could only get benefits if he was married before 65, but same-sex marriage was illegal

Question 15

Konstantin v Russia

Answer 15

Stereotypes: soldier asked for long-term parental leave but these were only for women

Question 16

Ladele v London

Answer 16

Accomodation: woman who was registrar refused to enter same-sex marriage. not upheld

Question 17

Dudgeon v UK

Answer 17

discrimination gender: criminalisation of same-sex relationships was against article 8

Question 18

Abdulaziz v UK

Answer 18

Stereotypes and immigrants: women found it harder to get authorisation to enter the UK because they were seen as dependent and non-working

Question 19

Hobby Lobby v Burwell

Answer 19

religious freedom of corporations

Question 20

Eweida v UK

Answer 20

Religious signs: a woman not allowed to wear small cross in British airways but it was found to be discriminatory

Question 21

Kokkinakis v Greece

Answer 21

Freedom of religion basic for democracy

Question 22

X, Y, Z v UK

Answer 22

Trans fatherhood: trans man was not recognised as man after IVF with wife because no biological link

Question 23

Dakir v Belgium

Answer 23

wearing religious clothing: veiled woman applied to conseil d’état to annul ban. basic norms of society

Question 24

Dubois v France

Answer 24

Marriage and adoption: a woman wanted to adopt her girlfriend’s kid and wasn’t allowed because they were not married

Question 25

Goodwin v UK

Answer 25

discrimination gender: man denied sex change + marrying man. in the end he was allowed (because it would end up man and woman)

Question 26

Odièvre v France

Answer 26

right to know one’s origin: state must preserve secrecy in non-irreversible manner in accouchement sous x

Question 27

Shalk v Austria

Answer 27

same-sex marriage and adoption intersectionality issue

Question 28

H v Finland

Answer 28

discrimination gender: man married woman and then wanted to change to woman. was not allowed because same-sex marriage not legal

Question 29

Menesson v France

Answer 29

Surrogacy: american birth certificates after surrogacy not accepted in France. man recognised as dad but woman took years to be able to adopt

Question 30

Paradiso v Italy

Answer 30

no right to become a parent

Question 31

Montpellier case

Answer 31

Lesbian mums: trans woman and woman had a baby and she was not allowed the label of mother. was in 2018, still hard