Puissochet Rapporteur , P. This effectively prevents more systematic and collective attempts to create safer conditions for selling sex. The criminal laws elsewhere still define rape on the basis of physical force or threats of force, coercion or inability to defend oneself. Opinions expressed do not necessarily reflect the views of TIME editors. International studies have demonstrated that selling sex in collective, indoor forms provides the greatest security.
D replies that it is not a fresh plea but a limb of the plea previously put forward alleging infringement of the principle of non-discrimination. As the appellants contend, a stable relationship between partners of the same sex which has only a de facto existence, as was the case in Grant, cited above, is not necessarily equivalent to a registered partnership under a statutory arrangement, which, as between the persons concerned and as regards third parties, has effects in law akin to those of marriage since it is intended to be comparable. The plea concerning the scope of the application 21 D asserts that the Court of First Instance erred in law in considering that the dispute before it related only to award of the household allowance when, in fact, by his action D was seeking entitlement, by reason of his registered partnership, to all the benefits to which a married official would be entitled under the Staff Regulations. Article 1 2 a of Annex VII to the Staff Regulations, which restricts the household allowance to married officials, cannot therefore be regarded as being discriminatory on grounds of the sex of the person concerned, or, therefore, as being in breach of Article of the Treaty Articles to of the EC Treaty have been replaced by Articles to EC. While a legal definition of rape on the basis of the absence of consent is not new or ground-breaking, the majority of European countries have yet to amend their legal definitions of rape accordingly. Peere, avocats, with an address for service in Luxembourg, Kingdom of Sweden, represented by L. These involved refusing a customer after an initial contact, protecting themselves from infection, being on their guard during the whole process, selecting the place, and deciding not to carry out certain sexual acts. The plea alleging failure to provide adequate reasoning for the contested judgment 24 D contends that the contested judgment is inadequately reasoned because in paragraph 36 it merely dismisses as unfounded, assuming that it is different from the first [plea in the application], the second plea, alleging infringement of the principle of the integrity of a person's status. It added, in paragraphs 31 and 32 of the contested judgment, that the Commission had been requested to submit proposals concerning the recognition of situations involving registered partnerships and that it would be for the Council, as legislator and not as employer, to make any necessary amendments to the Staff Regulations following those proposals. Such a decision is not therefore capable of constituting interference in private and family life within the meaning of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. They point to the numerous hashtags and workplace petitions that have swept the country in the wake of the Weinstein revelations— withwhatright lawyers , standtoattention military , deadline journalism technicalfault tech industry , lettherebelight church , academetoo academia and onourterms insurance. Under Article 69 4 , also applicable to the procedure on appeal, the Member States and institutions which intervene in the proceedings are to bear their own costs. The plea based on the right to respect for private and family life 58 According to D, the protection for family life provided for in Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms applies to homosexual relationships and, by requiring recognition of the existence and effects of a civil status acquired by law, prohibits the interference constituted by the transmission of incorrect data to third parties. The intention of the Community legislature was to grant entitlement to the household allowance under Article 1 2 a of Annex VII to the Staff Regulations only to married couples. They submit that the Court should set aside the contested judgment. Despite ratifying the Istanbul Convention—a binding treaty for tackling violence against women and girls—Sweden is only the 10th country in Western Europe to recognize in law that sex without consent is rape. Cunha Rodrigues and C. Article 1 of Chapter 3 of the same law provides that [a] registered partnership shall have the same legal effects as a marriage, subject to the exceptions provided for This plea followed on from the first plea, in which the applicant alleged infringement of equal treatment and discrimination on grounds of sexual orientation in that the Council did not recognise that the legal effects of a partnership registered in Sweden should result in its being treated as equivalent to a marriage, including for the purposes of the Staff Regulations. Last month, Norwegian politicians narrowly voted down new legislation but activists there are not giving up. We welcome outside contributions. Facts 4 D, an official of the European Communities of Swedish nationality working at the Council, registered a partnership with another Swedish national of the same sex in Sweden on 23 June The fact that, in a limited number of Member States, a registered partnership is assimilated, although incompletely, to marriage cannot have the consequence that, by mere interpretation, persons whose legal status is distinct from that of marriage can be covered by the term married official as used in the Staff Regulations. The refusal by the Community administration to grant a household allowance to one of its officials does not affect the situation of the official in question as regards his civil status and, since it only concerns the relationship between the official and his employer, does not of itself give rise to the transmission of any personal information to persons outside the Community administration. Officials - Equal treatment - Registered partnership and marriage - Definition - Situations not comparable 4. There is still a long way to go.
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