discriminación de mujeres en embarazo

The 2007 Law on the Promotion and Protection of Breastfeeding aims to ensure that mothers receive the necessary support to breastfeed, safeguarding both maternal and child health. Key provisions include the right to paid maternity leave for breastfeeding, access to health services and professional guidance, and a State obligation to promote exclusive breastfeeding during the first six months of life, followed by continued breastfeeding with appropriate complementary foods.

This law serves as Paraguay’s Labor Code, which contains provisions that prohibit any gender-based discrimination in the workplace and guarantee the equal treatment between men and women, such as Articles 47 and 128. In turn, Article 130 prohibits employers from assigning risky work to pregnant women. Articles 133 and 134 provide rights for lactating women, including the right to maternity leave and lactation rooms within the company.

This decision unified the court’s criteria regarding employment rights for pregnant women and their special labor protections. The Constitutional Court analyzed three cases where pregnant women were dismissed by their employers, who were not aware of the workers’ pregnancy status at the time of dismissal. The Constitutional Court reaffirmed the importance of guaranteeing job security for pregnant workers, especially during the lactation period, as a measure to avoid discrimination against women at work.