Women and Justice: Keywords

Memoranda

Maternity Benefits: International and Regional Standards and Guidelines on Maternity Benefits and Country Samples of Best Practices (2015)

Employment discrimination, Gender discrimination, Sexual harassment

Adequate and sufficient maternity leave, coupled with appropriate accommodations on return to work, are essential to women’s physical and psychological wellbeing after giving birth. This memorandum outlines the international and regional framework relating to maternity benefits and provides country illustrations of best practices from Sweden, Croatia, Chile, South Africa, and Vietnam.



International Case Law

Case 43/75, Defrenne v Sabena [1976] ECR 455 European Court of Justice (1976)

Employment discrimination

D worked as a flight attendant for the airline Sabena. The airline paid her less than her male colleagues who did the same work. The ECJ held that Article 119 of the Treaty of the European Community was of such a character as to have horizontal direct effect, and therefore enforceable not merely between individuals and the government, but also between private parties. Article 157 TFEU (119 TEEC, 141 TEC) was invoked which stated "Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied".