Current Awareness

Mayr v Backerei und Konditorei Gerhard Flockner OHG Case C-506/06

Court of Justice of the European Communities

“The dismissal of a female employee when her ova had been fertilised in an in vitro procedure but had not yet been transferred into her uterus was not prohibited by the Community directive on the safety and health of pregnant workers, but was prohibited by the equal treatment directive it if was established that the dismissal was based on the fact that she had undergone in vitro fertilisation.”

The Times, 12th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

“A deaf father who wishes to have a deaf child has spoken of his anger that a clause in new fertility legislation will make it illegal to use embryos with a genetic abnormality in IVF treatment, when ones without the same defect are available.”

Full story

Daily Telegraph, 11th March 2008

Source: www.telegraph.co.uk

“The controversy over legislation on embryology grew last night following proposals to allow babies to be conceived using ‘artificial’ sperm and eggs.”

Full story

Daily Telegraph, 10th March 2008

Source: www.telegraph.co.uk

Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG (Case C-506/06): WLR (D) 63

“An employee who was dismissed at a time between the in vitro fertilisation of her ova and the transfer of the fertilised ova to her uterus was not “pregnant” for the purposes of Directive 92/85 on the safety and health at work of pregnant workers, but her dismissal was unlawful under Directive 76/207 on equal treatment for men and women in employment matters if it was essentially based on the fact that she was undergoing in vitro fertilisation treatment.”

WLR Daily, 27th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

“Waitress may still be entitled to protection under European anti-discrimination and equal treatment laws, judge said.”

Full story

The Times, 26th February 2008

Source: www.timesonline.co.uk

Dickson and Another v United Kingdom (Application No 44362/04)

European Court of Human Rights

“While the state had a duty to ensure the protection of children, it was disproportionate for it to prevent the conception of a child by a life-term prisoner and his wife through artificial insemination.”

The Times, 21st December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

“Britain breached the human rights of a murderer and his wife by refusing them access to IVF treatment, the European Court ruled yesterday.”

Full story

The Times, 5th December 2007

Source: www.timesonline.co.uk

“A lesbian claiming child support from her firefighter friend who donated sperm for two children has rejected his claim that he is being unfairly treated.”

Full story

The Guardian, 4th December 2007

Source: www.guardian.co.uk

“A sperm donor who helped a lesbian couple have two children is now being forced to pay thousands of pounds for their upbringing, he said.”

Full story

Daily Telegraph, 3rd December 2007

Source: www.telegraph.co.uk

“The Archbishop of York last night led a powerful cross-party attack by peers on plans to make it easier for lesbian couples to become parents through fertility treatment.”

Full story

The Independent, 20th November 2007

Source: www.independent.co.uk