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 to assign risky labors to pregnant women. Articles 133 and 134 provide rights for lactating women, including requiring maternity leave and lactating rooms within the company.
This case concerned women’s equality in public-sector employment. The court ruled in favor of gender quotas for positions of public power. The plenary of the court reviewed a statutory project regulating the effective participation of women in public institutions by the establishment of gender quotas. A minimum of 30% of the top decision-making positions, among other senior positions in public Colombian institutions, shall be held by women. Sanctions were established for those appointing authorities that would not comply with the rule.
This judicial review concerned the issue of women’s military service. The court ruled that limits on the activities that women can perform during voluntary military service were unconstitutional, because they violated women’s constitutional right to be treated equally. The law stated that women in the military could only engage in assistant, administrative, or cultural tasks. The Court indicated that such limitations were based on stereotypes that imply that women are not suitable for other military activities.
This case concerned issues of personal freedom and the discrimination against sex workers. The ruling resulted in the protection of two sex workers’ fundamental rights: to be treated equally and not be discriminated because of their profession. The events that triggered such protection concerned a police raid against sex workers in Bogotá under the excuse of regaining a public space.
The Workers’ Statute contains some special rights for women who have suffered gender-based violence. Article 37.8 establishes that said women could work part-time if they wanted to. Article 40.4 gives them a preferential right to occupy a new position in another location if they needed to move as a result of the gender-based violence they suffered.
The case concerned labor rights and protection of sex workers. The plaintiff, a sex worker, sued her former employer for firing her after she became pregnant. Under articles 236 and 239 of the Colombian Labor Code, a pregnant woman is subject to special labor protection, and therefore cannot be fired without cause and without authorities’ permission. The court consisdered whether pregnant sex workers should have the same labor protection as other professions.
This law promotes, protects, and supports motherhood and breastfeeding for working women, up to 24 months of age, to ensure the proper care of the children. On this note, every pregnant worker shall have the right to access a maternity leave, for a period of 18 uninterrupted weeks, regardless the type of contract under which she provides a service. This leave will be extended to 24 weeks in cases of baby’s severe diseases or premature births. Mothers have the right to receive their regular salary during maternity leave.
This law establishes rules that further develop equal opportunities for women. It establishes guidelines for the design of public policies that foster and guarantee the full exercise of women’s political, civil, economic, social, and cultural rights, and the free development of their personality, capacities, and aptitudes. The law also appoints the institutions responsible for their execution.
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.
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.
