Case law Flashcards
Symes v Canada
Wasn’t allowed to deduct childcare expenses from income
Obst v Germany
Religious hiring requirements: men dismissed from public relations because of committing adultery
CJEU case Germany 2018
religious hiring: job that entailed research but required membership of church. the court talked about effective judicial review and proportionality
Plessy v Ferguson
Louisiana Act case
Fernandez v Spain
Religious hiring: priest who has against celibacy and was dismissed
Brown v Board of Education
Racism: black kids want to access the same public education
Bougnaoui ADDH v Micropole
right to conduct business: veiled woman fired after customer complaining. court talked about aim and proportionality
Samira Achbita v Secure Solutions
freedom to conduct business: veiled woman fired because of internal policy to not express religious beliefs in workplace
Loving v Virginia
Racism: end of anti-miscegenation law
South Africa v Hugo
Social constructionism: Nelson Mandela pardoned women with kids under 12, not men
Yaker v France
Intersectionality and wearing religious clothing: two veiled women arrested and not indirect discrimination because of aim and proportionality
Cakeshop v Colorado
Accomodation: bakery refused to do cake for gay wedding. they were against the message not the customer
Sahin v Turkey
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
Parris v Dublin
Intersectionality: man could only get benefits if he was married before 65, but same-sex marriage was illegal
Konstantin v Russia
Stereotypes: soldier asked for long-term parental leave but these were only for women
Ladele v London
Accomodation: woman who was registrar refused to enter same-sex marriage. not upheld
Dudgeon v UK
discrimination gender: criminalisation of same-sex relationships was against article 8
Abdulaziz v UK
Stereotypes and immigrants: women found it harder to get authorisation to enter the UK because they were seen as dependent and non-working
Hobby Lobby v Burwell
religious freedom of corporations
Eweida v UK
Religious signs: a woman not allowed to wear small cross in British airways but it was found to be discriminatory
Kokkinakis v Greece
Freedom of religion basic for democracy
X, Y, Z v UK
Trans fatherhood: trans man was not recognised as man after IVF with wife because no biological link
Dakir v Belgium
wearing religious clothing: veiled woman applied to conseil d’état to annul ban. basic norms of society
Dubois v France
Marriage and adoption: a woman wanted to adopt her girlfriend’s kid and wasn’t allowed because they were not married
Goodwin v UK
discrimination gender: man denied sex change + marrying man. in the end he was allowed (because it would end up man and woman)
Odièvre v France
right to know one’s origin: state must preserve secrecy in non-irreversible manner in accouchement sous x
Shalk v Austria
same-sex marriage and adoption intersectionality issue
H v Finland
discrimination gender: man married woman and then wanted to change to woman. was not allowed because same-sex marriage not legal
Menesson v France
Surrogacy: american birth certificates after surrogacy not accepted in France. man recognised as dad but woman took years to be able to adopt
Paradiso v Italy
no right to become a parent
Montpellier case
Lesbian mums: trans woman and woman had a baby and she was not allowed the label of mother. was in 2018, still hard
