Petrovic v. Austria (156/1996/775/976) 27 March 1998: refusal to grant parental leave allowance to a father, on ground that allowance was only available to mothers
Austria authorities refusal to grant parental leave allowance to a father, on ground that allowance was only available to mothers (section 26(1) of Unemployment Benefit Act 1977)
Article 14 of the convention taken together with Article 8
Recapitulation of Courts case-law allowance paid by State was intended to promote family life and necessarily affected way in which latter was organised allowance enabled States to demonstrate their respect for family life and therefore came within scope of Article 8.
Conclusion: Article 14 taken together with Article 8 applicable.
Recapitulation of Courts case-law existence of difference in treatment on grounds of sex and mother and father similarly placed as far as taking care of child concerned Contracting States enjoyed a certain margin of appreciation, whose scope varied according to circumstances, subject-matter and background in that respect, one of the relevant factors might be the existence or non-existence of common ground between laws of Contracting States no common standard in that field at material time, as majority of Contracting States had not provided for parental leave allowances to be paid to fathers gradual introduction by Austrian legislature of legislation which was very progressive in Europe there still remained very great disparity between legal systems of Contracting States in that field Austrian authorities refusal to grant applicant parental leave allowance had not, therefore, exceeded margin of appreciation allowed to them.
Conclusion: no violation of Article 14 taken together with Article 8 (seven votes to two).
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