Does dignity fit in a pocket? Reflections on the Protection of Pregnant Women, Against the Crime of Discrimination in Colombia

Abstract

This article analyzes a possible deficit in the protection of pregnant women workers when theyare discriminated against and restricted in their right to work due to their condition of pregnancy.At the time of obtaining a sentence in the labor or constitutional jurisdiction, they are only given amoney as compensation or reinstatement, without there being any type of procedural impulse onthe part of said jurisdictions towards the investigation of criminal conduct such as discrimination,in defense of human dignity. The methodology will be based on the analysis of the existingnorms, the jurisprudence and the information obtained via the right of petition from the Officeof the Attorney General of the Nation, from the perspective of criminology as a justification forthe existence and origin of a criminal investigation. in protection of the human dignity of theseworkers, in order to find meeting points that justify the promotion of a criminal investigation fromthe labor jurisdiction for the crime of discrimination, when the labor judge finds arguments forthis purpose. From the proposed methodology and analysis, it is possible to find a solution to thelack of sensitivity in the FGN distribution officials, in the face of the need to continue with thecriminal prosecution, when it comes from the unfair dismissal of a pregnant woman.