La estabilidad reforzada de las servidoras públicas en estado de gravidez, periodo de maternidad y lactancia en el Ecuador dentro del régimen de la LOSEP

Abstract

The Constitutional Court in its jurisprudential development seeks to advance in the consolidation of the Constitutional State of Rights and Justice, being the decisions of the highest body of constitutional justice binding to interpret the normative provisions contained in the Organic Law of Public Service, reason for which, this research work is aimed at establishing the treatment of the guarantee of reinforced labor stability in favor of pregnant public servants, maternity or breastfeeding period. The reinforced labor stability is a progressive interpretation that guarantees rights and gives a differentiated treatment to pregnant women, maternity or breastfeeding period, since they are considered as a group of priority attention that receives special protection and is guaranteed the right to work in the public sector when the labor relationship is terminated. The problem arises from the legal relationship between the State and the public servants who are legally dismissed from their functions. However, the constitutional jurisprudence through its decisions has been configuring guarantees for the protection of all public servants who are pregnant or who are in the period of maternity or breastfeeding.