COURT OF JUSTICE OF THE EU

Court of Justice of the EU

Treatment of Pregnant Women and Parents in Law Of The Court Of Justice Of The European Union

Introduction

It is a priority for most of the national governments of the world to protect parenthood and pregnant women through their responsible legislation. It has been observed that discrimination related to maternity and pregnancy occurs in the law of the court of Justice of the European Union. It is because of this law that various practices of discrimination are always present in various areas of employment within Europe. An instance of this discrimination is found that a pregnant woman is hired for employment which is unlawful but still it happens in the workplaces within Europe. It is also observed that women are also not provided with work related rewards during their absences due to illness related to pregnancy or maternity leaves. It is also observed that pregnant women are also not allowed on flights by a number of airline companies. It is obvious from these instances that discrimination is solely present in most of the areas of Europe and this is mainly because of the law that is being regulated by the Court of Justice of the European Union (Burca, 2001, pp. 68). The core focus of this essay is to discuss the availability of discrimination in the treatment of pregnant women and parenthood in the context of the law provided by the European Union and ensures the inconsistency of this law in regards to the treatment of pregnant women.

Discussion

The protection of pregnant women, parenthood and maternity has been among the most significant aims of the European Union law. This objective has been set because there have been major concerns about the discrimination of pregnant women and parenthood in various areas within Europe. It has been observed that the European Union have set an array of primary and secondary legislation for so that discrimination could be removed from Europe. The European Union have aimed to provide these legislation system so that the discrimination with pregnant women could be finished and also to provide the definition of equality principle. The member states of the European Union try their best to comply with the standards given by the law of the European Union and also have their own framework of standards. An important point to understand is that the equality principle could not be applied in the case of pregnant women and maternity illness. These cases need special care for women who are pregnant and aim to become mothers.

It has been observed that the Court of Justice have been active in developing the framework of legislation to provide the legislative rights related to maternity, paternity and parental leaves by providing liberal and broad interpretations of these fundamental rights. It was early displayed by the Court of Justice as only women could get pregnant, so there were increase chances of direct discrimination in regards to gender discrimination on the grounds of her maternity and pregnancy ...