derechos asociados a la maternidad

The case concerned the capacity and dignity of mothers with disabilities. The court ultimately reinstated the mother’s custody of her child, who was given for adoption by the state as a result of the mother’s disability in violation of her rights. The court’s decision served two purposes: (i) to protect the best interests of the child, guarantee their right to have a family, and not be separated from it; and (ii) compliance with all of the state’s obligations towards persons with disabilities and their right to form a family with dignity.

This decision unified court’s criteria regarding issues of protection of motherhood and employment rights for pregnant women. The Constitutional Court analyzed 33 cases where pregnant women were dismissed by their employers after learning of their pregnancy status. The court ruled in favor of reinforced protection of motherhood in the workplace. Such doctrine must be duly applied in all those cases in which a woman is pregnant or during her lactation period.

The case concerned maternity leave. In this case, the plaintiff gave birth to a premature baby in the 32^nd week of pregnancy. The Colombian Labor Code provides a regular maternity leave of 14 weeks, however, the court ruled that the terms must be extended in cases of premature births since the babies are highly prone to health complications and, therefore, are subject to special constitutional protection. According to the Constitutional Court, maternity health care is not limited to the period of gestation and birth.