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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El Salvador Withdraws Municipal Tax

April 2016

Noting that the right to property was violated, the tax that the Mayoral Office of San Salvador charged private companies using a calculation based on their assets has been declared unconstitutional.

The ruling in question eliminates Article 1.021.1 from the rate of Excise Taxes set by the Municipality of San Salvador, San Salvador department, which stated that the municipal tax collection must be calculated based on the assets of companies.

Guatemala: Another Attempt to Suspend Credit Card Law

March 2016

On the same day of its entry into force, the employers' union filed a constitutional motion against it, arguing that it adversely affects the freedom of the financial market.

For the second time a motion has been filed to temporarily suspend the enforcement of the law, with arguments once again made that the relevant processes were not followed and that its application will have adverse effects on the Guatemalan financial market.

Costa Rica: Tax on Money Inflows Could Be Unconstitutional

February 2013

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.

The bill which aims to grant extraordinary powers to the executive branch to regulate the entry of foreign capital into the country was approved in committee and has been passed to the legislative plenary for discussion.

Charter Cities Declared Unconstitutional

October 2012

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

With 13 votes in favor and one against, the Court decided to declare Decree No. 283-2010 unconstitutional, arguing that the reform "violates constitutional principles such as sovereignty, territory and the form of government."

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