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European Observer on fundamental right's respect

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Case Law C-167/12 (18/03/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/18/2014

Subject: The Court affirmed that Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding must be interpreted as meaning that Member States are not required to provide maternity leave to a female worker who as a commissioning mother has had a baby through a surrogacy arrangement, even in circumstances where she may breastfeed the baby following the birth or where she does breastfeed the baby. Moreover the Court pointed out that an employer’s refusal to provide maternity leave to a commissioning mother who has had a baby through a surrogacy arrangement does not constitute discrimination on grounds of sex.

Parties: C.D.

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

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