Recently, the Article 2 of Law 2114 of 2021 was sued by Juan Felipe Parra, who argues that this regulation is unconstitutional. The citizen alleges that the article extends paternity leave but excludes maternity leave in the case of same-sex adoptive couples. Therefore, he considers it discriminatory.
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“This exclusion is discriminatory as it is based on suspicious criteria related to gender identity and ignores the multiple purposes of maternity leave. To demonstrate the above, below, I will develop the pertinent arguments related to why there is a relative legislative omission and said omission is openly discriminatory.Parra said.
The regulations establish that all pregnant workers have the right to a 18 week license in the time of childbirth. This must be paid with the salary you earn at the time you start your license.
For Parra, the article 2 violates article 13 of the Political Constitution in which it is stated that: “All people are born free and equal before the law, will receive the same protection and treatment from the authorities and will enjoy the same rights, freedoms and opportunities without any discrimination for reasons of sex, race, national or family origin, language, religion, political or philosophical opinion”.
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That is why the plaintiff asks the Court to modify it so that it is inclusive with the same sex couples who adopt and who can access maternity leave.
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