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Gender discrimination

Gender discrimination is a broad topic that addresses unequal treatment based on sex, gender identity, or gender expression. 

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AD 2011 nr 2

"An employer may not discriminate against a person who, with respect to the employer, 1. is an employee, 2. is enquiring about or applying for work, 3. is applying for or carrying out a traineeship, or 4. is available to perform work or is performing work as temporary or borrowed labour. (…)" Chapter 2 Section 1 of the Swedish Discrimination Act.]  A woman had applied for employment at the farm where she was doing an internship. During the internship the woman had had a miscarriage, which she told the farmer about. She was later denied employment.

Administracinių nusižengimų kodekso patvirtinimo, įsigaliojimo ir įgyvendinimo tvarkos įstatymas (Law on Procedures for the Approval, Entry into Force, and Implementation of the Code of Administrative Offenses)

The purpose of the Act is to set out penalties for administrative offenses. In addition, it classifies hate crimes and discrimination on the grounds of “gender, race, nationality, language, origin, social status, religion, belief, opinion, or other grounds” to be an aggravating circumstance. Article 81 dictates that the breach of rights conferred by the Republic of Lithuania Law on Equal Opportunities for Women and Men is subject to a fine of EUR 40 to EUR 560 and EUR 560 to EUR 1000 for repeat offenses.

Adoption (Amendment) Act 2017

The 2017 Act amends and extends the law in relation to the adoption of children and made conforming amendments to other legislation.  Among other things, the Act, in conjunction with the Children and Family Relationships Act 2015 (available here), enables adoption by same-sex couples. The Act, in particular, amends use of heterosexual phrases in legislation, introducing more neutral terminology for words such as “parent” and “relative” (Section 3).

Advancing Victims’ Rights and Rebuilding Just Communities: Local Strategies for Achieving Reparation as a Part of Sustainable Development (2023)

This report reviews a study of the strategies used by local actors to operationalize reparations for victims of human rights violations, while highlighting the synergies between these efforts and sustainable development. This is based on the fieldwork of ICTJ and its partners in four areas: Colombia, The Gambia, Tunisia, and Uganda. The report presents findings from the comparative study and offers practical guidance and policy recommendations on how to advance reparations and sustainable development.
 

Advisory Opinion No. 2008/64

This legal advisory opinion found that a divorced woman is not entitled to the typical social allowance provided to married individuals by their employers.  The woman, unnamed in the opinion, applied for the allowance because she has custody of her minor son.  The opinion states that the allowance can be only provided to married women with children whose husband is unemployed, jobless, or incapacitated.  A divorced woman cannot benefit from this support even if she is the sole custodian of her child.  Nonetheless, this Advisory Opinion requests that the Qatar Legisl

Affaire B.S. C/ Comission de P

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.

Affaire Zabsonre Asseta C/ Direction Regionale de la Santé de Tenkodogo

Mrs. Z.A. contended that she had been unfairly dismissed for having refused sexual advances by the personnel manager.  The Court found that Mrs. Z.A. did not have the obligation to prove that she had been the subject of sexual harassment.  Her employer had the burden of proof to show that she had been dismissed fairly.  The Court found that Mrs. Z.A. had been dismissed because she did not submit to her personnel manager's sexual advances, and therefore awarded her punitive damages in addition to six months pay.

Affirmative Action (Employment) Act

The aim of this Act is to achieve equal employment opportunities through affirmative action plans to redress the conditions of designated persons in the Act who have been previously disadvantaged by past discriminatory laws and practices with the aim of eliminating discrimination in the workplace. The Act also establishes an Employment Equity Commission. Women are specifically mentioned as a designated group. An affirmative action plan achieves its purpose by obliging employers to make equitable efforts to accommodate and further the employment opportunities of those in designated groups.

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