Traducción de «maternidad por sustitución » (Español → Inglés) :

Request for a preliminary ruling — Equality Tribunal (Ireland) — Interpretation of Articles 4 and 14 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) — Interpretation of Articles 3(1) and 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — Biological mother having recourse to surrogacy — Person suffering from a physical disability which prevents her from giving birth — Right to maternity ...[+++] leave.

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, in particular Articles 4 and 14 thereof, must be interpreted as meaning that a refusal to provide paid leave equivalent to maternity leave to a female worker who as a commissioning mother has had a baby through a surrogacy arrangement does not constitute discrimination on grounds of sex.

In order to take the specificities of self-employed activities into account, female self-employed workers and female spouses or, when and in so far as recognised by national law, female life partners of self-employed workers should be given access to any existing services supplying temporary replacement enabling interruptions in their occupational activity owing to pregnancy or motherhood, or to any existing national social services.

Nevertheless, except for cases where this option is funded (by private insurance covering maternity, accidents or illness), the cost of this service is a disincentive.

Despite some progress, the Commission proposal needs further discussion, particularly in respect of the concept of "assisting spouses", the most appropriate means of providing maternity leave for self-employed persons, the proposed optional nature of the social protection for self-employed workers and their assisting spouses, the replacement services, and the scope of the directive and its legal basis.

Under the Czech Presidency, discussions in the responsible working group focused mainly on the definition of "assisting spouses", the provisions concerning maternity leave for self-employed workers and assisting spouses, the issue of temporary replacements, and the linkage between EU and national legislation, as well as the anti-regression clause.