The Court held that it was in breach of the right to equal treatment enshrined in the German constitution that periods of maternity leave (which affects women only) were not counted towards certain pension benefits whereas periods of sick leave (which affects both men and women) were. English translation of 1 BvR 1409/10 available here.)
The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) reviewed the constitutionality of the 1998 Amendment 20 of the Federal Social Security Law. The amendment imposed a maximum value on the amount of social security benefits that could be paid to a beneficiary under the general social security system at R$1,200 per month. On its face, the R$1,200 maximum applied equally to a number of eligible benefit categories, including maternity or pregnancy-related leave.
The Court found that the employer had acted inconsistently in offering Mrs. B.S. one-month extensions on her fixed term contract and then ending her contract at a time when she would otherwise have begun maternity leave on the grounds that there were no more project-related funds to cover her employment. This inconsistent behavior supported the finding that Mrs. B.S. had been unfairly dismissed because of pregnancy. Under Article 33 of the Labor Code, the Court awarded damages to Mrs. B.S.
The study is an in-depth analysis of 190 records of cantonal conciliation hearings and judgments under the Federal Gender Equality Act, 1996 (the “Act”) over the period of 2004 to 2015 by authors Karine Lempen (Law Professor, University of Geneva) and Aner Voloder (Lawyer, Office for Gender Equality of the Municipality of Zurich). Among the major findings and conclusions reached in the study are the following:
Chapter 1 of Cuba’s Labor Code sets forth the basic principles of the Labor Code, with specific reference to providing women with positions that are compatible with their physical and physiological characteristics and allowing women to incorporate themselves in the workforce, and entitlements to maternity leave for women, before and after childbirth, including medical services, free of cost, required by maternity.
The Work Code of the Dominican Republic recognizes that women have the same rights as men with regards to protections at work. The code also establishes that firing a woman for being pregnant is void. If a woman is terminated while pregnant, or within six months after delivery, the employer must submit such termination to the Department of Labor so that they may determine if she was terminated due to her pregnancy.
Section 29 of the Portuguese Labor Law ensures equal opportunity in labor and and prevents gender discrimination. The Code also guarantees maternity and paternity leave, bans harassment, establishes universal preschool for children until the age of five, and requires children to attend school.
The Constitution of the Republic of Ecuador establishes the rights that all people, regardless of gender, shall enjoy. For example, Article 11.2 stipulates that no person may be discriminated against on the basis of gender, among other criteria. In accordance with Article 27, education must promote equality among men and women. Article 32 explains that the State guarantees health rights through permanent, timely, and non-exclusionary access to programs and services for integral, sexual, and reproductive healthcare.
Article 9 of the FDRE Constitution provides that all international treaties ratified by Ethiopia are integral parts of the law of the land. Similarly, Article 13.2 provides that fundamental rights and freedoms shall be interpreted in a manner conforming to the Universal Declaration of Human Rights, International Covenants on Human Rights and International instruments adopted by Ethiopia. Ethiopia has ratified many of these treaties including ICCPR, ICESCR, and CEDAW. Article 35 of the FDRE Constitution pertains to the Rights of Women.
Article 42 of the Constitution of the Republic of Cuba (the "Constitution of Cuba") provides that all persons are equal before the law and must receive the same protection and treatment from the authorities. This article guarantees that all individuals enjoy the same rights, freedoms, and opportunities without any discrimination based on sex, gender, sexual orientation, gender identity, age, ethnic origin, skin color, religious belief, disability, national or territorial origin, or any other condition or personal circumstance that implies a distinction detrimental to human dignity.
