La mujer trabajadora, nuevos paradigmas y la licencia a personas no gestantes

Abstract

Obligations related to domestic tasks and care in homes have conditioned, throughout all history, the participation in the world of work of women under a sexual division of labor. Today, we have regulations in Labor Law that, with a view to guaranteeing equality, in many aspects crystallize inequalities as in the case of extensive “maternity” leaves that are extended to women and with no reason limited to non-pregnant people. Although it is important to recognize that, throughout history, the purpose of the legislator was to grant benefits and protection to women; today, in our opinion, it denotes clear discrimination and stigmatization towards them, contrary to its real intention. We are convinced that it is time to rebuild the legal system of our country, adopt international standards based on the constitutionalization and conventionalization of our law system, and thus modify the daily place of women and pregnant people, both in the public sphere and in the private one, which are currently following the social and cultural concepts that lead to a “maternalization” of women. It is important, as studying the present day, to address the reading of this question: does our law protect us or discriminate against us?