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discrimination

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332

Ato del Avellanal v. Peru

In 1978, the court of first instance ruled in favor of Graciela Ato del Avellanal on a claim for overdue rent owed to her by tenants of two apartment buildings she owned in Lima. The Superior Court reversed the judgment in 1980 because article 168 of the Peruvian Civil Code stated that when a woman is married, only the husband is entitled to represent matrimonial property before the Courts; therefore, Avellanal did not herself have standing to sue.

Case Number E.2006/156, K.2008/125

The Constitutional Court found that a Labour Law that states that an employer must pay severance to a woman who requests to terminate her employment contract within a year of getting married is constitutional and not discriminatory. Under Article 14.1 of the Turkish Labour Law, an employer must pay severance to a woman who requests to terminate her employment contract within a year of getting married. The Izmir 6th Labour Court found that this provision is discriminatory under the Constitution as it treats male and female workers differently.

Case of Abdulaziz, Cabales and Balkandali v. the United Kingdom

Three lawfully and permanently settled residents of the UK challenged the Government's refusal to permit their husbands to join or remain with them on the basis of the 1980 immigration rules in force at the time. The rules applied stricter conditions for the granting of permission for husbands to join their wives than vice versa. These conditions did not apply to the wives of male permanent residents.

Caso 12.046 Comisión Interamericana de Derechos Humanos, Informe Nº 33/02 (Chile, 2002)

Case 12.046 arose when a pregnant teenager was expelled from her school on account of her pregnancy, an act deemed discriminatory. The Inter-American Commission on Human Rights (IACHR) examined the petition and issued Report No. 33/02, finding that the expulsion violated the girl’s fundamental rights, including the right to education and equality. Chile reached a friendly settlement agreement, committing to cover the teenager’s educational expenses and to ensure that similar acts of discrimination would not recur within the school system.

 

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