Latvia Court recognizes right of same-sex couple to parental leave

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11/19/2020

Constitutional Court had received an appeal from a mother whose female partner was unable to receive the ten-day leave which, according to Labor Act, is to be granted to the child’s father. The applicant said that this was contrary to the best interests of the child, since it did not allow the person to provide physical and emotional support to his or her partner and her child. According to the applicant, Article 110 of the Constitution is infringed, which stipulates that the legislator has an obligation to provide protection for all families. But the Saeima considered that the rule was in line with the Constitution. On the other hand, the Constitutional Court, in a judgment read on 1 November, acknowledged that the provision of the Labor Act, in so far as it does not provide protection and support for the mother’s partner due to the birth of the child, does not comply with the first sentence of Section 110 of the Constitution. According to the Court judgment, it shall be deemed null and void as from 1 June 2022. The exception is the family who appealed the relevant provision of the Labor Act – regarding them, it is deemed to be invalid from the time of the infringement of their fundamental rights.

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