Care in Family Relations : The Case of Surrogacy Leave
Subject: reconciliation of work | leaves | EU law | case law | surrogacy
The advance of reproductive technologies, like surrogacy arrangements, confronts courts with new demands and dilemmas. This contribution analyses the potential of EU law towards a better and more balanced reconciliation of work, private and family life when no national ... View more
European Commission, Progress on equality between women and men in 2013.A Europe2020 initiative, European Union 2014, p. 3 and p. 9.
See for example the Resolution of the Council of 29 June 2000 on the balanced participation of women and men in family and working life, OJ 2000 C 218/2.
Case C-167/12 C.D. v. S.T. and Case C-363/12 Z. v. A. Government Department,judgements of 18 March 2014, not yet published.
See for example W. van Hoof & G. Pennings, 'Extraterritorial Laws for Cross-Border Reproductive Care: The Issue of Legal Diversity', EuropeanJournalof Health Law, 2012, pp. 187-200.
See on international commercial surrogacy for example: Y. Ergas, 'Babies without Borders: Human Rights, Human Dignity, and the Regulation of International Commercial Surrogacy', Emory InternationalLaw Review, Vol. 27, 2013, pp. 117-188 and J. Tobin, 'To Prohibit or Permit: What Is the (Human) Rights Response to the Practice of International Commercial Surrogacy?', Internationaland ComparativeQuarterly,Vol. 63, No. 2, 2014, pp. 317-352.
18 Judgment of 26 February 2008, Case C-504106, Sabine Mayr v. Backerei und Konditorei Gerhard Fl6ckner OHG  ECR 1-1017. In this case, the Court considered that if it is established that a dismissal is essentially based on the fact that a woman has undergone IVF treatment, the dismissal is contrary to Directive 76/207 (now repealed by Directive 2006/54).
19 Paras. 55-59.
20 Paras. 69-76, at 73.
21 See para. 34; Case C-5112, Marc Betriu Montull v. Instituto Nacionalde la SeguridadSocial (INSS), of 19 September 2013, nyr.