Labor Law And Discrimination Of Women Who Work

Labor Law and Discrimination of Women who work

Labor discrimination against women is one of the most recurring social problems in our nation, however, it is not a recent issue since it has been preserved since ancient times. But its link with legal policy begins only in 1941 through the Amsterdam treaty (art.141), where non -discrimination is established due to sex, without distinguishing conditions or variables. It is important to highlight that the right of equality must be interpreted as the homogeneity in rights and duties in both genres, unless the woman is in pregnancy or lactation.

Discrimination against pregnant woman is based on all departure or rejection of female people in the stage of gestation, childbirth or some stage linked to this process within work spaces, where it manifests itself through arbitrary layoffs, repudiable treatment or assignmentof more functions to pretend your dismissal. If the woman is transiently with an impediment to perform their work function, the company or organization must be considered as an ephemesely disabled employee, in addition the company is obliged to comply with certain principles related to the rights of the worker, suchsuch as: granting licenses (maternity and/or paternity), granting an hour of breastfeeding during working hours, offering economic benefits, providing protection against arbitrary dismissal, etc. In case of not satisfying with these requirements the victim has the right of immobility and reintegration, as long as there was no justified reason for dismissal.

Subsequently, the aggrieved can protect himself in social and judicial measures with the sole purpose of asserting his rights, concluding in legal sanctions to the company.

As a general purpose to eradicate labor discrimination due to pregnancy, citizens should be sought at a meeting with the different government (municipal and regional and national) for a prompt promulgation of rights in defense of the affected community and the propagation of good labor practices.

Female labor discrimination and sexual harassment as discrimination

In recent decades, the emergence of different abuse- in addition to the physicist- has been proven in work spaces which demonstrates a serious reality in society. One of the most repetitive is sexual harassment as a form of discrimination that belongs to a form of violence in which the worker feels humiliated, intimidated or offended through behavior, sexual proposal, comment, attitude of a personof your work environment (upper or lower). It is important to clarify that this problem is not indifferent to any particular sector, since it affects regardless of age, socioeconomic condition, sex, sexual orientation, gender identity or physical appearance.

Sexual harassment is defined as one of the types of gender violence, however, the greatest number of cases detected shows as main victims women of all ages, who consequently suffer the violation of their fundamental rights, diminishwork capacities and deteriorate the convenience of the injured party.

The main indications to recognize the existence of sexual harassment in the work environment are: implicit or express promises in exchange for sexual encounters, body friction, use of sexist terms, threats that aggravate the dignity and hostile attitude in case the victim opposes thedenigrant proposals. The solution for this problem is to sensitize people through promoted campaigns and optimally developed by the Government. In addition, organizations and institutions – all levels and areas – must carry out norms to combat and punish sexual harassment.

Female harassment alternatives

The figures of female discrimination in our country are alarming, so it is vital. The main alternatives are: propose an equality law for both genres, develop an adequate representation of women in the media in which a realistic approach to the rest of the citizens is applied, generate an active participation of women in the different social groups, foster the insertion of women to professional fields previously dominated by men like the armed forces (F.F.A.A.), Decree laws that evolve the retrograde mentality of people, promote equality in the development of homework seeking equal realization of domestic activities, initiating awareness campaigns for the abolition of stereotypes developed throughout history.

Finally, but not least is the legal scope where an acceleration of the judicial course is urgent, to protect the complaint and not stop the stage of overcoming the injured party, exemplary sanctions must also be established to the companies where this problem priority.

References

1. Alexy, Robert "Fundamental Rights Theory", Center for Constitutional Studies, Madrid, Spain, 1,993.
2. Fantoni, G, Fros, N, Hasenbalg, G (2011). Sexual harassment in the workplace prevention and sanction under law 18.561. Retrieved June 10 https: // www.Colibri.Udelar.Edu.UY/BITSTREAM/123456789/…/m-CD4205.p
3. Herrera, M Herrera, A and Expósito, F. (2013).Stop Harassment! Men’s Reactions to Victims ’Confrontation.
4. García, Maria (2012) Discrimination of pregnant women to be hired in work centers in the city of Quetzaltenango, Quetzaltenango, Mexico.