Reference for a preliminary ruling from The Equality Tribunal (Ireland) made on 30 July 2012 - Z v A Government Department and the Board of Management of a Community School
(Case C-363/12)
Language of the case: English
Referring court
The Equality Tribunal
Parties to the main proceedings
Applicant: Z
Defendants: A Government Department and the Board of Management of a Community School
Questions referred
Having regard to the following provisions of the primary law of the European Union:-
(i) Article 3 of the Treaty on European Union,
(ii) Articles 8 and 157 of the Treaty on the Functioning of the European Union, and/or
(iii) Articles 21, 23, 33 and 34 of the Charter of Fundamental Rights of the European Union
Is Directive 2006/54/EC, and in particular Articles 4 and 14 thereof, to be interpreted as meaning that there is discrimination on the ground of sex where a woman - whose genetic child has been born through a surrogacy arrangement, and who is responsible for the care of her genetic child from birth - is refused paid leave from employment equivalent to maternity leave and/or adoptive leave?
If the answer to the first question is in the negative, is Directive 2006/54/EC
2 compatible with the above provisions of the primary law of the European Union?
Having regard to the following provisions of the primary law of the European Union:-
(i) Article 10 of the Treaty on the Functioning of the European Union, and/or
(ii) Articles 21, 26 and 34 of the Charter of Fundamental Rights of the European Union
Is Directive 2000/78/EC, and in particular Articles 3(1) and 5 thereof, to be interpreted as meaning that there is discrimination on the ground of disability where a woman - who suffers from a disability which prevents her from giving birth, whose genetic child has been born through a surrogacy arrangement, and who is responsible for the care of her genetic child from birth - is refused paid leave from employment equivalent to maternity leave and/or adoptive leave?
If the answer to the third question is in the negative, is Directive 2000/78/EC compatible with the above provisions of the primary law of the European Union?
Is the United Nations Convention on the Rights of Persons with Disabilities capable of being relied on for the purposes of interpreting, and/or of challenging the validity, of Directive 2000/78/EC?
6. If the answer to the fifth question is in the affirmative, is Directive 2000/78/EC, and in particular Articles 3 and 5 thereof, compatible with Articles 5, 6, 27(1)(b) and 28(2)(b) of the United Nations Convention on the Rights of Persons with Disabilities?
____________1 - Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)OJ L 204, p. 232 - Council Directive 2000/78/EC OF 27 November 2000 establishing a general framework for equal treatment in employment and occupationOJ L 303, p. 16