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Uruguay

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Ley N° 16045 Equal Treatment and Opportunities in the Workplace

In 1989, Uruguay passed a labor law regarding equal treatment in the workplace (Law No. 16045 of June 2, 1989). The law prohibits all discrimination that violates the principle of equal treatment and of opportunities for both sexes in any labor sector (Article 1). The law is intended to apply to various aspects of employment and hiring practices, including selection criteria, contracting, evaluation criteria, promotion rights, social benefits, and remuneration, among others (Article 2).

Ley N° 18987 Abortion Law

Uruguay decriminalized abortion in 2012 pursuant to Law No. 18987 of October 22, 2012, as implemented by Decree No. 375/012 of November 22, 2012. This law made abortion legal during the first 12 weeks of pregnancy (Article 4 of Decree No. 375/012), subject to certain exceptions. For example, if the pregnancy is the result of rape, this time limit is extended to 14 weeks. Furthermore, this law makes clear that abortion is permitted at any time if (i) the pregnancy poses a serious risk to a woman’s health or life (Article 16 of Decree No.

Ley N° 19075 Marriage Equality

In 2013, Uruguay passed a law on equal marriage (Law No. 19075 of August 5, 2013), making it the second Latin American country to do so, after Argentina. The law provides that in all regulations governing the institution of marriage, or related to it where differential references are made based on sex, married couples must be understood as spouses or marital partners or others of a similar nature that do not alter the substantive content of the regulation and that do not distinguish based on the sex of the person (Article 28 of Law No. 19075).

Ley N° 19580 Law on Gender-Based Violence

Uruguay passed a comprehensive law on gender violence in 2017 (Law No. 19580 of December 22, 2017, as implemented by Decree No. 339/019 of November 11, 2019). The law is intended to guarantee the right of women to enjoy a life free of gender-based violence (Article 1 of Law No. 19580). The law applies to women of all ages, including trans women, women of different socioeconomic statuses, races, and religions, without distinction or discrimination (Article 1 of Law No. 19580).

Ley N° 19684 Comprehensive Law for Trans People

Uruguay passed a comprehensive law to protect the rights of transgender persons (Law No. 19684. 2018 of October 26, 2018). The purpose of this law is to ensure the right of transgender individuals in Uruguay to a life free of discrimination and stigmatization, for which comprehensive mechanisms, measures and policies for prevention, care, protection, promotion and reparations are established (Article 3 of Law No. 19684).

M.D. v. Prieta, Caso 312/2007

A Trial Court awarded the plaintiff UR$4,500 for actual damages and UR$30,000 for emotional distress damages, resulting from the domestic violence committed by the defendant, her common-law husband.  The defendant appealed, arguing that, beyond the plaintiff’s testimony and a medical diagnosis based on that testimony, there was no proof that he had committed acts of domestic violence. The defendant further argued that the plaintiff’s depression and anxiety were the consequences of a preexisting medical condition.

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