The constitutional change of protection for pregnant women in Colombia. Between the labor insertion and the protection of rights

Abstract

In the recent judgment SU 075 of 2018, the Colombian Constitutional Court eliminated he application of the affirmative measure of reinforced labor stability, which had been contemplated for pregnant women, when they did not report their pregnancy status. The new jurisprudential line establishes that due to the ignorance of the employer of the preg­nancy status of a worker, discrimination is not established at the moment of terminating her employment contract, for which she can be dismissed without any type of protection. The Court bases the change, stating that the amparo granted until now denatures the principles of affirmative action, generating an opposite effect and disadvantaging women in accessing for­mal employment, since it has created an economic overload for the employer. For this reason, this article analyzes whether the jurisprudential line is in line with the law and whether the established change will generate a reduction of gender gaps in employment, allowing greater access to the labor market for women.In the recent judgment SU 075 of 2018, the Colombian Constitutional Court eliminated he application of the affirmative measure of reinforced labor stability, which had been contemplated for pregnant women, when they did not report their pregnancy status. The new jurisprudential line establishes that due to the ignorance of the employer of the preg­nancy status of a worker, discrimination is not established at the moment of terminating her employment contract, for which she can be dismissed without any type of protection. The Court bases the change, stating that the amparo granted until now denatures the principles of affirmative action, generating an opposite effect and disadvantaging women in accessing for­mal employment, since it has created an economic overload for the employer. For this reason, this article analyzes whether the jurisprudential line is in line with the law and whether the established change will generate a reduction of gender gaps in employment, allowing greater access to the labor market for women.