Uruguay

A company fired an employee on the basis of notorious misconduct. The employee had been accused of having committed acts of workplace violence against a female coworker. The court highlighted the need to strike a balance between protecting victims of violence and protecting employees. In reconciling this tension, the court noted that the rules of evidence established in article 46 of law 19,580 and law 18,561 on sexual harassment call for the employer to have the burden of proving that there was notorious misconduct.

Law No. 10783 of September 18, 1946 enshrines certain civil rights to women in Uruguay. The law provides that men and women have equal civil capacity (Article 1), and a married woman may freely administer and dispose of her own property (Article 2). In the event of a dissolution of marriage, marital property shall be divided equally between spouses or their respective heirs (Article 2). Real estate that constitutes marital property acquired in the name of one spouse may not be alienated without the express consent of both spouses (Article 5).

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).

Uruguay passed Law No. 17514 of July 2, 2022 with the goal of preventing, detecting and eradicating domestic violence (Article 1).

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.

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).

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).

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).

In 2009, Uruguay passed a law that promotes the participation of women in political elections (Law No. 18476 of April 3, 2009). The law includes an obligation to include people of both sexes in each third of the electoral lists for party conventions, party leadership bodies, parliament and departmental boards (Article 2 of Law No. 18476).