T-499A/17

Reinforced labor protection of women pregnant or in the lactation period and adopting mothers

REINFORCED LABOR PROTECTION OF WOMEN PREGNANT OR IN THE LACTATION PERIOD AND ADOPTING MOTHERS

Constitutional jurisprudence reiterates that the pregnant woman or on maternity leave - and by extension the adopting mother - has a special constitutional right to reinforced labor stability. This fundamental right derives from a harmonious interpretation of articles 13, 43 and 53 of the Political Constitution, which grants the pregnant woman or on maternity leave - and the adopting mother - the right not to be discriminated against in the workplace by reason for their condition, which necessarily entails the prohibition of dismissal due to cause or on the occasion of pregnancy, birth or breastfeeding, in the case of biological mothers, this protection being extensive to adoptive mothers equating the date of delivery with the official delivery date of the child or adolescent that is adopted.

--