Latvia: Same-sex couples are eligible to paternal leave

18.12.2020

As of 1 June 2022, same-sex couples will have the right to paid paternal leave. This was ruled by the Constitutional Court of Latvia on 12 November 2020. Parliament has now almost seventeen months to amend the law that will allow the same-sex couples to apply for paternal leave and thus to receive the paternal benefit.

More information on the case and the ruling: www.satv.tiesa.gov.lv/en/press-release/a-provision-that-envisages-the-right-to-a-childs-father-to-a-leave-in-relation-to-the-birth-of-a-child-is-incompatible-with-the-first-sentence-of-article-110-of-the-satversme-insofar-it-does/

In its judgement of the case No. 2019‑33‑01 “On the Compliance of Article 155(1) of the Labour Law with the First Sentence of Article 110 of the Constitution of the Republic of Latvia” The Constitutional Court ruled that in accordance with the legal regulation, in a family of same-sex partners, legal protection and the measures of social and economic protection are accessible only to the mother and her child. The protection and support accessible to the family of same-sex partners does not differ from the protection and support that is accessible to the family consisting only of a mother and her child. Thus, the existing legal regulation of family relationships does not ensure protection and support to same-sex partners and the children born in their families as a united families.