Case 310-2000-R

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Country: Bolivia
Region: Americas
Year: 2000
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Tags: Employment, Maternal health, Pregnancy

Gloria Máxima Ortiz Rivera, an employee at the Municipality of Sucre, received memorandum No. 95/00 on February 22, 2000, which she claimed put her in the fifth bracket of the payroll and constituted a demotion and an indirect dismissal. Rivera asserted that upon reaching her 32nd week of pregnancy she was prevented from accepting the new role of Technical Planner D-6, because the position was located in a rural district, and argued that this was a violation of Article 1 of Act No. 975, 2 March 1988 and the Political Constitution of the State. Filing an action of amparo (constitutional writ of protection), she requested the immediate reinstatement of her former position.

During the lower court’s proceedings, the respondent authority (the Mayor of Sucre) responded that it acted in accordance with Act 975 because Ms. Rivera was only relocated to another post commensurate with her pregnancy (so that she could enjoy “prenatal rest”) and her pay was not diminished. Moreover, the respondent argued that she had not exhausted other legal avenues, as required, before filing the amparo action.

The First Civil Chamber of the Superior Court of the District of Chuquisaca found in favor of the respondent city, declaring Ms. Rivera’s claim for amparo inadmissible because she had not been dismissed, nor had her salary been reduced, and because she had not exhausted other legal avenues of appeal, such as an appearance before the City Council or a relevant labor authority.