European Court of Human Rights Rules Against Croatia in Pregnant Worker Discrimination Case

Strategic Insights -

The European Court of Human Rights (ECHR) has delivered a judgment in the case of Jurcic v. Croatia, ruling that Croatia discriminated against a pregnant woman who underwent in vitro fertilization (IVF) shortly before entering employment. The court found that the Croatian authorities' conclusion that the applicant was medically unfit to take up employment due to her IVF treatment was unjustified and amounted to discouraging her from seeking employment due to possible pregnancy.

The applicant, Kristina Jurcic, entered into an employment contract with a company in Croatia on November 27, 2009, shortly after undergoing IVF treatment. However, when she went on sick leave due to pregnancy-related complications, the Croatian Health Insurance Fund rejected her application for insurance as an employed person, concluding that her employment was fictitious.

The ECHR found that the Croatian authorities' decision was discriminatory and breached the right to non-discrimination under Article 14 of the European Convention on Human Rights (ECHR). The court also noted that the measures implemented by the authorities, such as verifying insurance claims through pregnancy-related complications, were targeted at pregnant women and could perpetuate negative stereotypes about women's roles in employment.

Key Takeaways:

  • The ECHR ruled that Croatia discriminated against the applicant due to her pregnancy and IVF treatment, breaching Article 14 of the ECHR.
  • The court found that the Croatian authorities' conclusion that the applicant was medically unfit to take up employment was unjustified and amounted to discouraging her from seeking employment due to possible pregnancy.
  • The measures implemented by the authorities, such as verifying insurance claims through pregnancy-related complications, were targeted at pregnant women and could perpetuate negative stereotypes about women's roles in employment.
  • The ECHR emphasized the importance of maternity protection measures to uphold the principle of equal treatment of men and women in employment.
  • The judgment highlights the need for States to ensure that their laws and regulations do not perpetuate discrimination against pregnant women and new mothers.

Statistics:

  • The case of Jurcic v. Croatia was lodged with the ECHR on October 28, 2015 (Application no. 54711/15).
  • The ECHR delivered its judgment on February 4, 2021.
  • According to the ECHR, the applicant was employed by the company from November 27, 2009 to March 30, 2010 (sec. 5).
  • The applicant had been pregnant with twins at the time of her employment (sec. 10).

Sources:

  • European Court of Human Rights (First Section), Jurcic v. Croatia (Application no. 54711/15), Judgment of 04 February 2021.