La estabilidad laboral de las mujeres en estado de embarazo y periodo de lactancia

Abstract

Abstract: The purpose of this article is to carry out an analysis of job stability reinforcement of pregnant and lactating women as a right Fundamental protected by the Constitution of the Republic and International Organizations of Human Rights that obliges States to provide protection to women who find themselves facing a violation of this right because they are part of the priority attention group with condition of double vulnerability, since in this way the health of the woman is protected and that of the minor. Despite the fact that there is extensive national and international legislation that protects the rights of this group of women, the Constitutional Court has developed binding jurisprudence to guarantee the rights of pregnant and lactating women, being the landmark sentence No. 3-19-JP/20 which is part of an important line of jurisprudence, where the content of these rights is progressively developed, expanding and guaranteeing women who are in this state special protection prohibiting with Erga Omnes effect, the dismissal of pregnant women or those who are are enjoying their lactation period regardless of the work environment they are subject in favor of guaranteeing the Constitutional right to job stability reinforced.