Date of the judgment: 12.11.2020.
Official publication: 16.11.2020.
On compliance of Section 155(1) of the Labour Law with the first sentence of Article 110 of the Constitution of the Republic of Latvia
Case short name: Absence leave for the partner of the childs motherThe Constitutional Court held:
1. To recognise Article 155(1) of the Labour Law, insofar as it does envisage protection and support to the partner of the child’s mother in relation to a birth of the child to be incompatible with the first sentence of Article 110 of the Satversme of the Republic of Latvia and void as of 1 June 2022.
2. With respect to Person C to recognise Article 155(1) of the Labour Law, insofar as it does envisage protection and support to the partner of the child’s mother in relation to a birth of the child to be incompatible with the first sentence of Article 110 of the Satversme of the Republic of Latvia and void as of the moment when the infringement on her fundamental rights occurred.
Press-releases
- A provision that envisages the right to a child’s father to a leave in relation to the birth of a child is incompatible with the first sentence of Article 110 of the Satversme, insofar it does not envisage protection and support to a female partner of the child’s mother in relation to the birth of the child
- Case initiated with regard to a provision that does not provide for the right of a child’s birth mother’s female partner to a leave after the birth of the child