ountries (Iceland, Norway and Sweden). Various measures have been introduced to encourage fathers to take parental leave. Mostly these take the form of wholly or partly individualised entitlements, whereby fathers not using their "quota" will lose it, since unused leave cannot be transferred to a partner. Another approach is to offer bonus leave days to fathers who take some parental leave (as, for example, in Italy, Finland and Germany).
30. Parental leave may be unpaid (as, for example, in Greece, Ireland, Italy, the Netherlands, Spain and the United Kingdom). A majority of countries (16), however, provide some element of payment to the parent on leave. In seven cases (Austria, Belgium, the Czech Republic, Estonia, France, Italy and Poland) the payment is rather low, whether a flat rate or means-tested, or is paid for only part of the leave period, or a combination of these. Only nine countries pay an earnings-related benefit set at more than half of normal earnings. In some cases - notably the Czech Republic, France and Poland - parents on leave receive a general "child-rearing" benefit that is paid to all parents with young children, not just those taking leave.
THE LAW
I. Alleged violation of Article 14 of the Convention taken
in conjunction with Article 8 of the Convention
31. The applicant complained that the refusal to grant him parental leave amounted to discrimination on account of sex. He relied on Article 14 of the Convention taken in conjunction with Article 8 of the Convention. The relevant provisions read as follows:
Article 8
"1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
Article 14
"The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
A. Submissions by the parties
32. The Government submitted that in October 2006 the applicant had been granted parental leave and had received financial aid. They argued that the matter had been resolved at the domestic level and asked the Court to strike the case out of its list under Article 37 § 1 (b) of the Convention.
33. The applicant argued that his case could not be struck out for the following reasons. Firstly, the parental leave had been granted more than a year after the birth of his son and following communication of the case to the Government. Secondly, the Government had never acknowledged a violation of the applicant's rights. The parental leave and financial aid had been granted in connection with a difficult family situation rather than to remedy a violation of his rights under the Convention. The judgment of 14 March 2006, by which his entitlement to parental leave had been denied by reference to his sex, remained in force and on 8 December 2006 the domestic courts had denounced the order granting him parental leave as unlawful. The disciplinary sanctions imposed on him for his frequent absences from work before the parental leave had been granted also remained in force. Finally, the Constitutional Court had found that the domestic legal provisions excluding male military personnel from the entitlement to parental leave did not breach the non-discrimination clause of the Con
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