Switzerland, Detention of a U.k. Citizen

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Switzerland, Detention of a U.k. Citizen

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In this regard, the court therefore considered that the provision included in article. 6 l. no. 903 of 1977 was clearly referring only to female employees, since at the time of its adoption the liberal professionals women, as well as self employed women, still not beneficiate of maternal allowance. In this regard, it must also be highlighted how the process of maternity in case of adoption is now governed by the act approved by d. leg. , which contains all the rules relating to help and support of motherhood and fatherhood.

Opposing the question of the constitutionality of the provision, the court has anticipated that although the repeated facilities provided by law, the discipline of the process of motherhood concerning the proceeding of international adoption was still poorly organized.

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Furthermore, it was underlined that such treatment is applied to cases in which there will be no age limit but even with the hope necessary also if the child has more than six years and until the age of majority, in favor of workers employees the self employed, the direct cultivators, farmers and colonies, craft business owners, entrepreneurs of commercial activities and as last agricultural entrepreneurs as main occupation.

Continuing the analysis of the discipline in question, the court underlined that instead of the freelance professional women, the position disciplined with art.72 recognizes the allowance only if the child has no more than six years of age, without establishing any discrepancy between national and international adoption; where the limit covers both cases.

Regarding these cases, the court has expressed his thoughts and decided that the absurd character of this legislative assumption was to be considered obvious, as it is not expected to identify situations that justify the different treatment of motherhood for professional freelance women with regard to what enacted in the same hypothesis of international adoption, "not only for subordinated workers, but also for self employed, typology surely more similar than the here one."

The court has suggested that the reasons which prompted the legislature in 1998 to exceed the limit of six years of age for the regulation of the maternity in the international adoption, as emerged from the report of the law bill for approval and implementation of the Aja agreement, are essentially found in the determination concerning the complexities deriving from the integration of foreign children in the family unit and in school institution, that are increasing significantly with the growth, pretending especially in an early stage "a special support by the new parents".

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