Could the inequality between paternity leave and maternity leave be unconstitutional?
A father has managed to have an appeal admitted by the Constitutional Court, in which he claims that the inequality between paternity leave and maternity leave is a form of discrimination.
Last May the Constitutional Court (CT) admitted an appeal for the protection of constitutional rights filed by a father who had been denied the equalization of his paternity leave with maternity leave. As a result, the possibility of a ruling that the inequality of the two types of leave is discriminatory pursuant to the legislation currently in force, may be on the cards.
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Garrigues Labor and Employment Department