Judgment No. 3-19-JP / 20 and accumulated

Nature of the Case

Ecuador Constitutional Court decision formally recognizing the right to care owed to pregnant and lactating women with a focus on the right for employees in the public sector.

Significance of the Case

While the Court says that the right to care for pregnant and lactating women already exist within Ecuador’s laws, this case serves as formal recognition of the right, who is owed it, who is obligated to adhere to it, and how it can be violated in the workforce. The Court importantly emphasizes that the experiences of the women involved in the consolidated cases represent the actual experiences of many women in the workforce. The Court cites a number of statistics to show the disproportionate lack of women in the workforce and identifies family responsibilities as a burden traditionally places on women that interferes with their ability to work. Formalizing the right to care is a way to shift the burden from only women, and make sure that employers are not discriminating against fewer women currently employed.

The Court explicitly describes the many responsibilities of employers and the ways that the right to care can be violated beyond discriminatory dismissal. Additionally, the Court provides stipulations for compensation for women who experience discriminatory termination or whose rights are violated in any of the other ways. Crucially, the Court mandates certain bodies to create new policies and reform legislation, as well as develop indicators to measure the effectiveness of the law to protect the right to care, all within set time periods. These bodies are also required to keep the Court up to date on their actions.

For their contributions, special thanks to ESCR-Net members: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.