Care in Family Relations : The Case of Surrogacy Leave

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Burri, Susanne;
  • 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
  • References (18)
    18 references, page 1 of 2

    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 [2008] 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based on the fact that a woman has undergone IVF treatment, the dismissal is contrary to Directive 76/207 (now repealed by Directive 2006/54).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.

    22 Paras. 51-57.

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