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Di Trizio v Switzerland
Application no 7186/09, [2016] ECHR 143
 
25.91Di Trizio v Switzerland Application no 7186/09, [2016] ECHR 143
Invalidity benefit was capable of falling within the ambit of Article 8 ECHR
Facts: part-time workers had to forfeit invalidity allowance, whereas full-time workers did not.
Judgment: the European Court of Human Rights held that the legislation in question fell within the scope of Article 8 ECHR (Switzerland not having ratified Article 1 of the 1st Protocol), in that the legislation was capable of having an effect on the way that the applicant and her husband organised their family and working life and divided up time within the family) and that the legislation was incompatible with Articles 8 and 14 ECHR, being indirectly discriminatory against women, who formed the bulk of part-time workers after the birth of children and without any reasonably justification.
Di Trizio v Switzerland
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