The reinforced protection of the working mother in the Peruvian constitutional jurisdiction

Abstract

The guaranteeing role of the Peruvian Constitutional Court in protecting the rights of working mothers in both the public and private sectors is analyzed based on various rulings. It is argued that, on a case-by-case basis, the Court has played a transformative role in a reality where, despite legislative advances, working mothers continue to be a vulnerable group. In order to fulfill its protective role and ensure the effective enforcement of the fundamental rights of working mothers, the Court has invoked the constitutional clause of reinforced protection, expanding the scope of protection as much as possible, given the expansive nature of fundamental rights related to motherhood and an extensive interpretation of the law. The Court has also taken into account international treaties related to motherhood and their interpretations, as well as comparative experiences, in order to devise concrete solutions aimed at achieving real equality.