ECtHR, case Gruba and others v. Russia, maternity leave may be obtained from both parents.

In one of the last cases, in November of this year, the case Gruba and others against Russia, focused on obtaining maternity leave from the father as well.

Applicants were police officers who sought to apply for maternity leave for their children as their spouses could not lift heavy weights over 5 kg. Domestic laws in Russia provided that maternity leave could be obtained from fathers if the mother was in poor health making it impossible for the child to grow and educate and in cases where the mother was no longer alive. Based on domestic law, applicants were not granted maternity leave for their children on the grounds that the mother could care for the child.

At the ECHR, the applicants alleged violations of Article 8 “Right to respect for private and family life” and Article 14 “Prohibition of discrimination”. The ECtHR found a violation of the Convention in this case, specifically Article 8 was violated as family life and the best interests of the child were violated, and applicants were discriminated against on the grounds of sex because they could care for their child in the same way as a mother. the only shortcoming would be breastfeeding.

This judgment has brought a new wind to the ECHR, emphasizing that the best interests of the child are a fundamental principle and every law must be interpreted in this spirit. Men and women should also be treated equally in the upbringing and education of children.

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