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European Observer on fundamental right's respect

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Case Law C-167/12 (25/09/2013)

Type: Opinions of the Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/25/2013

Subject: According to Advocate General, an intended mother, who has a baby through a surrogacy arrangement, has the right to receive maternity leave provided for under EU law after the birth of the child in any event where she takes the child into her care following birth, surrogacy is permitted in the Member State concerned, and its national requirements are satisfied. This also applies where the intended mother does not breastfeed the child following birth. Maternity leave which the surrogate mother has taken must be deducted; the maternity leave of the intended mother must however amount to at least two weeks. Advocate General is of the view that the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is not relevant in the present case and is therefore not applicable.

Parties: CD c. ST

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 24 Children’s rights - Solidarity - Art. 33 Parental leave - Art. 34 Social services for maternity

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