Max Planck Institute for Social Anthropology

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CUREDI ID Question at stake Country Official Citation Date of decision Author
CUREDI042FI001 Whether the circumcision of a boy for non-medical reasons constitutes a crime as described by the Criminal Code Finland Supreme Court of Finland, Judgment of 17 October 2008, KKO:2008:93 (Korkein oikeus, tuomio 17. lokakuuta 2008, KKO:2008:93)
ECLI:FI:KKO:2008:93
2008-10-17 Sanna Mustasaari
CUREDI042FI003 Whether the circumcision of a boy for non-medical reasons constitutes a crime as described by the Criminal Code, when the other guardian of the child has not given his or her consent to the procedure; and whether the medical doctor who performed the surgery commits a punishable offence by failing to check the dual consent Finland Supreme Court of Finland, Judgment of 31 March 2016, KKO:2016:25 (Korkein oikeus, tuomio 31. maaliskuuta 2016, KKO:2016:25)
ECLI:FI:KKO:2016:24
2016-03-31 Sanna Mustasaari
CUREDI042FI002 Does the circumcision of a boy child for non-medical reasons constitute an assault as prescribed by the Criminal Code, when the person performing the operation is not a physician or trained in medicine. Finland Supreme Court of Finland, Judgment of 31 March 2016, KKO:2016:24 (Korkein oikeus, tuomio 31. maaliskuuta 2016, KKO:2016:24)
ECLI:FI:KKO:2016:24
2016-03-31 Sanna Mustasaari
CUREDI021IE009 Whether the High Court Judge had erred in his interpretation of s 18(3)(b) of the Refugee Act 1996 concerning the recognition of foreign marriages for the purposes of family reunification. Ireland Hamza and Elkhalifa v Minister for Justice, Equality and Law Reform [2013] IESC 9
2013-02-20 Michelle Flynn
CUREDI021IE011 Whether the High Court Judge had erred in his interpretation of Section 18(3)(b) of the Refugee Act 1996 concerning the recognition of marriages for the purpose of family reunification. Ireland Hassan and Saeed v Minister for Justice, Equality and Law Reform [2013] IESC 8
2013-02-20 Michelle Flynn
CUREDI005CH002 Whether pupils in a state-run compulsory kindergarten should be exempted from yoga exercises on religious grounds Switzerland Federal Supreme Court of Switzerland, Decision of 14 February 2013, 2C_897/2012 (Bundesgericht, Urteil vom 14. Februar 2013, 2C_897/2012)
2013-02-14 Burim Ramaj; Saskia Thomi
CUREDI005CH003 Whether one can leave the catholic corporation under state church law, but still remain Roman Catholic? Switzerland Federal Supreme Court of Switzerland, Decision of 16 November 2007, 2P.321/2006 (Bundesgericht, Urteil vom 16. November 2007, 2P.321/2006)
2007-11-16 Burim Ramaj; Saskia Thomi
CUREDI032IT001 Whether the exclusion of conscientious objectors from participation to a public selection procedure for gynecologists to be hired at the regional family planning centers was discriminatory. Italy Regional Administrative Tribunal Puglia, Decision of 14 September 2010, No. 3477/2010 (Tribunale Amministrativo Regionale Puglia, sentenza del 14/09/2010, n. 3477/2010)
2010-09-14 Davide Strazzari
CUREDI002CH003 Whether returning a child to Israel (the father’s country of residence) would violate the right to respect for family life of both the mother and the child. Switzerland Neulinger and Shuruk v Switzerland [GC], App no 41615/07, 06 July 2010
ECLI:CE:ECHR:2010:0706JUD004161507
2010-07-06 Alice Margaria
CUREDI002DE004 Whether the removal of children from parents belonging to the Twelve Tribes Church and their placement in public care because of risk of systematic corporal punishment violates Article 8 ECHR. Germany Tlapak and Others v Germany and Wetjen and Others v Germany, App nos 11308/16 and 11344/16, 22 March 2018
ECLI:CE:ECHR:2018:0322JUD001130816
2018-03-22 Alice Margaria
CUREDI010UK001 Which penalty to impose upon a mother who was sentenced for female genital mutilation (FGM) inflicted upon her three-year-old daughter. United Kingdom R v N (Female Genital Mutilation), 2019 WL 01116252
2019-03-08 Jeanise Dalli
CUREDI010UK002 Whether a general practitioner who had offered to perform “female circumcision” (FC) is guilty of professional misconduct and if found liable, whether his name should be immediately and permanently removed from the medical register. United Kingdom Dr. Abdul Baten Jalal Ahmed v. The General Medical Council, Appeal No. 5 [2001] UKPC 49, [2002] 66 BMLR
2001-11-19 Jeanise Dalli
CUREDI010UK003 Whether a general medical practitioner, who has carried out a female genital mutilation (FGM), is guilty of professional misconduct and if so, which sanction to impose on the practitioner. United Kingdom General Medical Council vs Ali Mao-Aweys, Public Fitness to Practise Panel of the Medical Practitioners Tribunal Service, 12-30 May 2014
2014-05-30 Jeanise Dalli
CUREDI010UK004 1) Whether the applicant’s request for the continuation of a female genital mutilation (FGM) protection order in the UK, in respect of her three daughters, should be granted or dismissed (or), 2) Whether the respondent should be granted permission to remove his three daughters from the care of their mother and have them transferred from the UK to Nigeria United Kingdom Re E (Female Genital Mutilation) [2016] EWHC 1052 (Fam)
2016-04-22 Jeanise Dalli
CUREDI010UK005 Whether the mother of a minor female child, who was allegedly at risk of female genital mutilation (FGM) should be allowed to take the child with her and thus remove her from the jurisdiction of the United Kingdom (UK) in order for the child to visit her father in Egypt. United Kingdom Re X (female genital mutilation protection order) (No. 2) [2019] EWHC 1990 (Fam)
2019-07-24 Jeanise Dalli
CUREDI010NL006 Whether the return of the applicants to Sudan would constitute a breach of Article 3 of the European Convention on Human Rights (ECHR) - on the prohibition of torture and inhuman and degrading treatment - given the alleged real risk that, upon return, the applicants would be exposed to female genital mutilation (FGM) against her will. Netherlands RBAB and other v Netherlands, App no 7211/06, 7 June 2016
ECLI:CE:ECHR:2016:0607JUD000721106
2016-06-07 Jeanise Dalli
CUREDI057BE003 Whether Article 57 of the Belgian Code of Private International Law must be automatically applied to the recognition in Belgium of a Moroccan divorce (repudiation)? Belgium Family Court Antwerp, Judgment of 12 December 2018 (Familierechtbank Antwerpen, 12 december 2018)
2018-12-12 Yasmina El Kaddouri; Frederik Welvaert
CUREDI005CH004 Whether a student can be forbidden to wear a headscarf (Hijab) in public school Switzerland Federal Supreme Court of Switzerland, Decision of 11 December 2013, 2C_121/2015 (Bundesgericht, Urteil vom 11. Dezember 2015, 2C_121/2015)
2015-12-11 Burim Ramaj; Saskia Thomi
CUREDI027DK001 Whether the motivation behind the honour-related crimes was related to the victim’s ethnic origin, religious belief, and sexual orientation or similar. Denmark Judgement of the District Court of Naestved. Judgement no. 1293/2019. Police case no. 1900-73112-00009-18. (Dom fra retten i Næstved. Doms nummer. 1293/2019. Politijournal nummer 1900-73112-00009-18)
2019-04-09 Kumm Sabba Mirza
CUREDI027DK003 Whether a Muslim woman was guilty of wearing niqab in public place Denmark Judgement of the Court of Aalborg 28 August 2019 Court case no. 18-1520/2019. (Dom afsagt d. 28. August 2019 af retten i Aalborg rettens sagsnr. 18-1520/2019)
2019-08-28 Kumm Sabba Mirza
CUREDI027DK008 Whether it was the imams intention to encourage to killing of Jews, when he recited a passage from the Quran during a Fridays' preach on the Jewish community. Denmark Judgement of the District Court of Copenhagen. Judgement no. xxx/2019. (Dom fra Københavns Byret. Doms nummer. xxx/2019)
2019-03-26 Kumm Sabba Mirza
CUREDI027DK009 Whether the father attemped to force his daughter into a marriage against her will. Denmark Judgement of the District Court of Frederiksberg. Judgement no. 6878/2016. (Dom fra retten på Frederiksberg. Doms nummer. 6878/2016)
2016-12-13 Kumm Sabba Mirza
CUREDI027DK002 Whether rape of daughter’s boyfriend was an honour-related crime and a way of restoring the family’s honour Denmark Judgement of the High Court of Vestre Landsret 24th May 2017. V.L. S-2170-16 and V.L. S.-2315-16 (Dom afsagt d. 24. Maj 2017 af Vestre Landsret. V.L. S-2170-16 and V.L. S.-2315-16)
2017-05-24 Kumm Sabba Mirza
CUREDI027DK010 Whether the parents to a teenager girl attempted to forced her into a marriage by introducing her to 5 different men. Denmark Judgement of the district court of Næstved, 24th May 2017, case no. 1-67/2017 (Dom af 24. maj 2017, sag nr. 1-67/2017. retten ved Naestved)
2017-05-24 Kumm Sabba Mirza
CUREDI021IE001 Whether the State can intervene where there is parental refusal on religious grounds to consent to a blood transfusion for a critically ill child. Ireland Children’s University Hospital Temple Street v C.D. and E.F. [2011] IEHC 1
2011-01-12 Michelle Flynn