Belize
Roches v. Wade, (April 30, 2004)
Supreme Court of Belize
Keywords: Discrimination-Gender/Sex; Marital Status
Brief Summary: The applicant was dismissed from her post as a teacher in a Roman Catholic School upon the grounds that she failed to "live according to Jesus' teaching on marriage and sex"--namely, the applicant was pregnant yet not married at the time of her dismissal. Applicant instituted this case against the Managing Authority of Catholic Public Schools alleging that her dismissal amounted to sexual discrimination in violation of the Belize Constitution.
CEDAW: The court acknowledged that Belize had an affirmative duty to eliminate discrimination against unmarried pregnant women as a signatory to CEDAW. Specifically, Article 11, paragraph (2) subparagraph (a) of CEDAW states that "In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, State Parties shall take appropriate measures: To Prohibit...dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status." The court therefore held that respondant's actions were in violation of CEDAW, and to allow the action to stand would result in a material breach of Belize's obligations under CEDAW.