26 Jul Difference in entitlement to parental leave constitute a gender discrimination

In the case of Gruba and Others v. Russia (application nos. 66180/09, 30771/11, 50089/11 and  22165/12, 06.07.2021) the European Court of Human Rights held, unanimously, that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with   of the European Convention on Human  Rights  for all four applications, and a violation  of  Article 6   §   1 (right  to a fair hearing) of the  Convention in  respect of application no. 22165/12 (Mr Morozov).

The case concerned the difference in entitlement to parental leave between policemen and policewomen. 

The Court accepted that maintaining the operational effectiveness of the police was a legitimate aim that might justify certain restrictions on the rights of police personnel. However, it was not convinced that an inherent requirement of police service was being excluded from parental leave. It was significant that the entitlement to parental leave depended on the sex of the police personnel rather than on their position in the police force, the availability of a replacement or any other circumstance relating to the operational effectiveness of the police. Indeed, policewomen were unconditionally entitled to parental leave and the restriction only concerned policemen. In refusing to grant parental leave to each of the four applicants, the domestic authorities had failed to balance the legitimate interest in ensuring the operational effectiveness of the police, on one hand, and on the other, the applicants’ right not to be discriminated against on grounds of their gender. Moreover, Mr Mikhaylov and Mr Morozov had been refused parental leave despite the fact that their wives were not well enough to take care of their children. 

The Court considered that the difference in treatment between policemen and policewomen as regards entitlement to parental leave had not been justified and concluded that it had amounted to gender discrimination. There had therefore been a violation of Article 14 of the Convention taken in conjunction with Article 8 in respect of each applicant.

Reference from the official website of the European Court of Human Rights