The first revision of the Hofmann Case Law on Maternity Leave and discrimination against fathers: care-giving as the pivot?
2021
50
2
June
306-323
maternity leave ; case law ; family responsibilities ; discrimination ; men ; EU Court of Justice
Law
https://doi.org/10.1093/indlaw/dwab008
English
"The Court of Justice of the EU (CJEU) has maintained since 1984, in its well-established Hofmann case law, that maternity leave is a legitimate exception to the principle of equal treatment between men and women to protect both a woman's biological condition during and after pregnancy and the special relationship between a woman and her child over the period which follows childbirth. This case law has been giving Member States carte blanche to grant maternity leave, whatever its duration, to women only (to the exclusion of men)...until recently. ..."
Digital
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