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European Observer on fundamental right's respect

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Case Law C-149/10 (16/09/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/16/2010

Subject: The Court affirmed that the persons granted the right to parental leave are the parents, in their capacity as workers, and they alone; to confirm its position the Court refers to the fact that the right to parental leave is included among the fundamental social rights grouped together in Title IV of the Charter of Fundamental Rights. Article 24 of the Charter of Fundamental Rights, which states that children are the right to have protection and care as is necessary for their well-being, cannot alter the foregoing analysis. It is sufficient for such a right to be conferred on the parents themselves. The birth of twins does not confer entitlement to a number of periods of parental leave equal to the number of children born. However in the light of the principle of equal treatment, the national legislature to establish a parental leave regime which, according to the situation obtaining in the Member State concerned, ensures that the parents of twins receive treatment that takes due account of their particular needs.

Parties: Zoi Chatzi

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 33 Parental leave

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Notices: Effectiveness of the Charter
The Court used the Charter as a directive’s interpretative parameter.