Abstract
In 2012, Croatian Office for Gender Equality published report on position of pregnant workers and working mothers on the national labour market. Survey results clearly demonstrated concerning situation in the labour market where every second pregnant woman was dismissed due to pregnancy. The remaining 50% of pregnant workers and working mothers faced denial of one or more labour rights due to pregnancy or childcare. Apart from violation of basic human rights in the labour market, pregnant workers and working mothers faced discriminatory practices in financial sector i.e. denial of right to take bank loans. These practices are contrary to current Croatian labour and gender equality legislation, as well as European and international legal standards related to protection of pregnant workers and working mothers. Nonethless, due to high national unemployment rate, women faced with labour discrimination rarely use available legal remedies. This paper analysis legal framework applicable to labour discrimination of pregnant workers and working mothers, primarily through the lens of applicable European acquis communautaire i.e. Directives. It also investigates case law of Croatian courts and the European Court of Justice related to labour discrimination of pregnant workers and working mothers. More specifically, research explores convergences and divergences of national and European case law. The aim of the paper is to contribute to academic discussions on the labour market gender equality and measures necessary to achieve full respect of all national and international legal standards.
Highlights
International legal protection of pregnancy and motherhood is rooted in fundamental human rights instruments such as Convention of the Rights of Child and the Convention on Elimination of All Forms of Discrimination against Women
If we look into the statutory provisions of applicable national laws, we could conclude that pregnant workers and new mothers in Croatia do enjoy sufficient level of protection from dismissal or discrimination at work based on pregnancy or motherhood
Having in mind that only female workers encounter pregnancy related work discrimination and could face unlawful dismissal due to the fact that employers consider them as financial burden during their absence from work, legislators have to be vigilant on legal regulation of protection of pregnancy and parental rights at work
Summary
International legal protection of pregnancy and motherhood is rooted in fundamental human rights instruments such as Convention of the Rights of Child (further: CRC) and the Convention on Elimination of All Forms of Discrimination against Women (further: CEDAW). CEDAW initially required State Parties to introduce “special protection to women during pregnancy in types of work proved to be harmful to them” but this provision has later been subject to alterations in national legislations under the evolving body of gender equality law and has moved from absolute prohibition to introduction of measures of protection. European Union has embarked on new round of negotiations with trade unions and employers on a new package of rights aimed at providing even stronger legal protection from dismissal for new mothers Such progress did lead to improved national regulatory framework and case law in many of the European Union countries, but not all. Croatia as the last European Union member still struggles with a need to ensure effective implementation of international and regional legal instruments and its own national gender equality and labour laws related to the protection of pregnancy and motherhood. In order to analyse the problem, we will look into the European acquis communauttaire in the area of protection of pregnancy and motherhood at work, case law of the European Court of Justice and national regulation, primarily through the lens of labour law, and through the lens of gender equality law, anti-discrimination law and constitutional law
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