Hostname: page-component-cd9895bd7-q99xh Total loading time: 0 Render date: 2024-12-25T14:07:51.641Z Has data issue: false hasContentIssue false

SHALL I BE MOTHER? THE PROHIBITION ON SEX DISCRIMINATION, THE UN DISABILITY CONVENTION, AND THE RIGHT TO SURROGACY LEAVE UNDER EU LAW

Published online by Cambridge University Press:  26 March 2015

Get access

Extract

DOES EU law entitle a woman who had her genetic child through surrogacy to paid leave of absence from employment equivalent to maternity leave or adoption leave? That is, in essence, the issue the Court of Justice of the European Union (CJEU) was faced with in Z, C-363/12, EU:C:2014:159 (“Z”), a reference for a preliminary ruling from the Equality Tribunal (Ireland), and in C.D., C-167/12, EU:C:2014:169 (“C.D.”), a reference from the Employment Tribunal, Newcastle upon Tyne (UK). The Opinions in the two cases (by A.G. Wahl, EU:C:2013:604 and A.G. Kokott, EU:C:2013:600, respectively), while reaching opposite conclusions, were both delivered on 26 September 2013, giving the Court the benefit of two well-reasoned analyses on which it could base its deliberations. The judgments of the Grand Chamber, which essentially followed the Opinion of A.G. Wahl, were delivered on 18 March 2014. This note focuses on Z, while referring to C.D. when appropriate.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2015 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)