Addressing gender discrimination at work, still an important challenge for the ECtHR in Napotnik v. Romania

Beril Önder: PhD Candidate, University of Strasbourg (Institut de Recherches Carré de Malberg) and Ghent University (Human Rights Centre)

On 20 October 2020, the European Court of Human Rights (‘ECtHR’ or the ‘Court’) delivered a judgment in the case of Napotnik v. Romania (application no. 33139/13). The case concerns the immediate termination of a female applicant’s diplomatic posting, allegedly due to her pregnancy,  to the Romanian Embassy in Ljubljana, Slovenia.

This is the first case where the Court not only examines, on the merits, a complaint regarding discrimination on the grounds of sex under Article 1 of Protocol no. 12 of the Convention, but also a complaint concerning gender discrimination in the workplace because of pregnancy. In its judgment, the Court found that the applicant’s diplomatic assignment had been terminated primarily because of her pregnancy, and that she had been treated differently on the grounds of sex. However, it concluded that this difference in treatment did not constitute a violation as the domestic authorities had provided relevant and sufficient reasons to justify the necessity of the measure.

This blogpost will first discuss the facts of the case and the Court’s judgment, and then will focus on the problematic aspects of the judgment from a gender equality perspective.

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