Gender equality and maternity leave: The as qualifying period double-edged sword. Commentary to STJUE of 21 may 2015, case C-65/14, Rosselle

Abstract

In a preliminary decision request that takes place in the ECJ ruling of May 21, 2015 (Matter C-65/14. Case Charlotte Rosselle contra Institut national d'assurance maladie-invalidité (INAMI) y Union nationale) the European High Court examines, in line with the various Community directives laying down measures to encourage improvements in the safety and health at work of pregnant women who have recently given birth or breastfeeding, if Mrs. Charlotte Rosselle has a right to access to maternity allowance. The open conflict between respect the principle of gender equality and access to social benefits keeps currently on tenterhooks society to the unfortunately establishment of social policies that seek untiringly to safeguard the public coffers before guaranteeing constitutional rights.