ulties in obtaining civilian posts in their areas of specialisation which would reflect the seniority and status that they had achieved in the armed forces (see, mutatis mutandis, Smith and Grady, cited above, § 92). In view of the above consideration, the Court finds that the reasons adduced by the Constitutional Court provide insufficient justification for imposing much stronger restrictions on the family life of servicemen than on that of servicewomen. Accordingly, convincing and weighty reasons have not been offered by the Government to justify the difference in treatment between male and female military personnel as regards entitlement to parental leave.
59. In view of the foregoing, the Court considers that the exclusion of servicemen from the entitlement to parental leave, while servicewomen are entitled to such leave, cannot be said to be reasonably and objectively justified. The Court concludes that this difference in treatment amounted to discrimination on the ground of sex. There has therefore been a violation of Article 14 taken in conjunction with Article 8.
II. Alleged violation of Article 5 of Protocol No. 7
60. The applicant complained that the domestic law provisions specifying that three years' parental leave can be taken by servicewomen only violated his right to equality between spouses. He relied on Article 5 of Protocol No. 7 which reads as follows:
"Spouses shall enjoy equality of rights and responsibilities of a private law character between them, and in their relations with their children, as to marriage, during marriage and in the event of its dissolution. This Article shall not prevent States from taking such measures as are necessary in the interests of the children."
61. The Court observes that in accordance with the Explanatory Report to Protocol No. 7, under the terms of Article 5 equality must be ensured solely in the relations between the spouses themselves, in regard to their person or their property and in their relations with their children. The rights and responsibilities are thus of a private-law character. The Article does not apply to other fields of law, such as administrative, fiscal, criminal, social, ecclesiastical or labour law (see {Klopper} v. Switzerland, No. 25053/94, Commission decision of 18 January 1996). The right to parental leave undoubtedly belongs to the sphere of labour law and forms part of employment relations, that is relations between the employee and his or her employer, rather than relations between spouses. Moreover, the Russian legislation on parental leave favours servicewomen irrespective of their marital status. Therefore, the case concerns inequality between the sexes rather than inequality between spouses.
62. This complaint is accordingly incompatible ratione materiae with the provisions of the Convention within the meaning of Article 35 § 3 and must be rejected in accordance with Article 35 § 4.
III. Other alleged violations of the Convention
63. The Court has examined the other complaints submitted by the applicant. However, having regard to all the material in its possession, and in so far as these complaints fall within the Court's competence, it finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
IV. Application of Article 46 of the Convention
64. Before examining the claims for just satisfaction submitted by the applicant under Article 41 of the Convention, and having regard to the circumstances of the case, the Court considers it necessary to determine what consequences may be drawn from Article 46 of the Convention for the respondent State. Article 46
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