Employers Oppose Gender Equality Standards

The Union of Chambers filed an appeal against the law which requires a minimum percentage of women on boards of directors.

Wednesday, January 26, 2011

"We believe in the importance and need for women to participate actively in the various productive activities, but not in the way the law imposes," said Manuel H. Rodriguez, president of UCCAEP, adding that the contested legislation limits freedom of association, enshrined in the Constitution, because it requires organizations formed exclusively by women or men to find people to fill their boards of directors.

The action states that the legislation published at the end of December would violate the freedom of association and the principles of reason and proportionality as well as ILO Conventions.

The impairment of freedom of association is because the law imposes limits on internal organization of associations, which are beyond the regulatory power the State has, as one of the purposes of this freedom is to allow organizations to establish their own constitution and especially their right to organize.

Likewise, the claim of unconstitutionality stated that the law in question would violate the principle of freedom because through a law it is dictating the form in which these groups organize themselves, when in many cases it is impossible to meet the gender equality due to area of expertise or because people decide to join with a certain gender because of the purpose of the association. An example of this is that in the National Register, there are more than 100 partnerships exclusively made up of women.

"It is unacceptable for the State through a law to require citizens to join or not join an association just to meet a certain percentage," added Rodriguez, who added also that this is a concern of all member organizations and therefore hoped that other institutions will join them in this action and support the unconstitutionality claim.



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Costa Rica: Tax on Money Inflows Could Be Unconstitutional

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The taxes and proposed measures to control the influx of "hot capital" could be confiscatory and in violation of the principles of reasonableness and proportionality.

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Charter Cities Declared Unconstitutional

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The Supreme Court of Honduras has declared as unconstitutional the legislative decree that created the figure of the "charter cities".

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