in the middle of the controversy Constitutional Court For a case seeking extended maternity leave for non-binary persons and trans men, Office of the Nation’s Attorney General sent a concept to the high court.
(In context: Maternity leave for non-binary and trans men? Court debate)
Lawyer in his office daisy hair She stated that the maternity leave regulated in the Substantive Labor Law “should equally cover women as well as other persons capable of pregnancy. trans men and non-gender-binary individuals“.
Currently, this measure is only “women”, “mothers” and “workers”, excluding other people who do not identify with the female gender. Therefore, the Universidad del Norte and the Liga de la Salud Trans Public Interest Litigation Group sued in the high court demanding the change of the norm.
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Several organizations demonstrated in the high court by expressing their views, but the concept of the Attorney General was lacking. As EL TIEMPO learned in this regard, the enterprise regulated the leave at the time of birth and incentives for the attention and care of the newborn baby in its article 236 and noted that the norm is as follows: “made according to a traditional family modelthis can lead to scenarios of discrimination”.
In other words, for the Attorney General, “there is no doubt that the language used Article 236 of the Material Labor Law It restricts the use of social security benefits by persons with childbearing capacity who do not define themselves as women and who are subject to gender-based discrimination that violates the principle of equality in our constitution.
In summary, the current norm for the Ministry of Public language specific with trans menwere female at birth, but identify as male in their gender identity. Likewise, according to Cabello non-gender-binary people not includedthat is, those who do not identify themselves as fully or completely female or male.
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By ignoring this population, the Attorney General ignores Congress’ mandate to guarantee the right to social security for all residents of the country.
On the other hand, there is no convincing argument for differential treatment for “persons of childbearing capacity who define their gender differently” in Colombia, for the party basic right to identityenabling people to construct and develop their gender experiences autonomously, privately and without interference”.
In their appeal to the Constitutional Court, the plaintiffs explain that their interest is to expand the application area of the regulations. without reducing the maternity leave guarantees that women already enjoy.
Health ministries and the Treasury have already brought their concepts into the discussion. First, while emphasizing that it agreed to extend the guarantee for non-binary and trans men, the Treasury portfolio highlighted the possible extension. There is no additional financial or economic cost for the General Integrated Social Security System..
Following the concept of the Chief Public Prosecutor’s Office, the Constitutional Court will examine the demands and contributions of different individuals and organizations, and then prepare an article and discuss it at the General Assembly.
Carlos Lopez
Justice Draft
On Twitter: @CarlosL49
justicia@eltiempo.com
Source: Exame
