PRIMJENA NAČELA ZABRANE DISKRIMINACIJE U OSTVARENJU PRAVA NA PORODILJSKU NAKNADU
THE PRINCIPLE OF NON-DISCRIMINATION IN EXCERCISE OF THE RIGHT TO MATERNITY PAY

Summary/Abstract: The right to maternity pay, as one of the essential rights of women, both employed and unemployed, is based on the principle of gender equality in the labor market. Complex structure of Bosnia and Herzegovina has inevitably led to the uneven enforcement of the basic social rights at the entity and cantonal level. Thus, providing the right to maternity pay is regulated differently at the entities, and the difference becomes even more apparent considering the right at the cantonal level. Although the right to maternity pay is recognized by the numerous international legal instruments signed by BiH, the question remains to what extant BiH recognizes the right to its female citizens, and weather the unequal treatment of the mothers is justified or not. Therefore, the research is focused on identifying theoretical and practical legal problems of the realization of the rights to maternity pay in terms of the principle of non-discrimination, by taking into account relevant provisions of the European Union law, and the BiH`s obligation to pursue a gradual harmonization of the national legislation with the EU acquis.

• Details
• Contents