Jurčić v. Croatia: clarity on protecting women undergoing IVF treatment from discrimination

By Jonas Deweer-Vanmeerhaeghe, lawyer at the Belgian federal Institute for the Equality of Women and Men, where he specializes in insurance discrimination and the protection of the rights of transgender and intersex persons. Jonas is a founding member of GenderSpectrum, a non-profit advocating on behalf of gender diverse persons, and he also volunteers for UTSOPI, the Belgian Sex Workers Union.

Disclaimer: The opinions expressed here are those of the author and do not necessarily reflect the official position of any organisation.

Introduction

In the case of Jurčić v. Croatia (application no. 54711/15), on the 4th of February 2021, the first section of the European Court of Human Rights (ECtHR) rendered a compelling verdict on a question of discrimination on the grounds of sex and pregnancy with regards to publicly mandated health insurance. The Court agreed with Ms. Jurčić (hereinafter ‘the applicant’) when she claimed to have been discriminated against by several national authorities and courts. These institutions, despite several appeals by the applicant, upheld the notion that her employment had been fictitious since she had been in treatment for in vitro fertilization when accepting a position with a Croatian company. They claimed that her sole motivation for accepting the position was to obtain the pecuniary advantages related to the status of working persons during her pregnancy.

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