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Gender discrimination

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Peru Political Constitution

The Political Constitution of Peru (the “Constitution”) has several articles that directly and indirectly support women’s rights and gender justice. The Constitution recognizes that the supreme purpose of society and the State is to defend and respect the dignity of human beings (Article 1).

1 BvR 684/14 Bundesverfassungsgericht (Federal Constitutional Court)

The 51-year-old claimant, a female employee, argued that the age limit on her employer’s pension fund discriminated against her based on, among other things, her gender, . The age limit only provided for pension claims for employees who were not older than 50 at the beginning of their employment. However, the claimant had stopped working after the birth of her child and did not return to the work force until she was 51. Her child was already 25 years old at that time and had fully completed his vocational training.

1 BvR 774/02 Bundesverfassungsgericht

The Court held that it was unconstitutional to require an attorney without earnings to continue to make compulsory pension contributions during time taken off to care for children (up to the age of three years). The Court found that requiring such compulsory pension contributions was a breach of the right to equal treatment enshrined in the German constitution because it disproportionately affected women, who are the parent taking time off to care for small children in the vast majority of cases.

2011 Amendments to the Constitution of Jamaica

The 2011 Amendments to the Jamaican Constitution specifically enumerated a “right to freedom from discrimination on the ground of . . . being male or female.”  The amendments also guaranteed a number of fundamental rights and freedoms, including the right to be free from inhuman or degrading treatment and torture, and protection of the right to own property, receive an education, vote, and speak freely.

8 AZR 488/19 Federal Labor Court (Bundesarbeitsgericht)

The claimant, a female employee, exercised her right under the Transparency in Wage Structures Act (available here: https://www.gesetze-im-internet.de/entgtranspg/BJNR215210017.html) to obtain information from her employer about the average salary in the group of colleagues who performed the same or equivalent work as she did as a head of department. She found that her compensation was below average.

A gg. Bundesasylamt (A. v. Federal Asylum Agency) [C16 427.465-1/2012]

The minor applicant, a member of the Hazara ethnic group, illegally immigrated to Austria with her parents and four minor siblings from Afghanistan when she was approximately nine years old. The Federal Asylum Agency of Austria (“FAAA”) denied her and her family’s petitions for asylum. The Asylum Court reversed the denial, finding that the FAAA erred in summarily denying asylum based on the applicant’s statements without considering outside credible reports or sources relevant to the applicant’s asylum claim.

A Practical Approach to Evidence for Judicial Officers: Common Law Sources and African Applications

The manual for judges and judicial officers explains the common-law origins of evidence law, then offers contemporary country-specific analyses of thirteen southern and eastern African countries with a shared common-law colonial history: Botswana, Eswatini, Kenya, Lesotho, Malawi, Mauritius, Namibia, Seychelles, South Africa, Tanzania, Uganda, Zambia, and Zimbabwe.

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