Adequate and sufficient maternity leave, coupled with appropriate accommodations on return to work, are essential to women’s physical and psychological wellbeing after giving birth. This memorandum outlines the international and regional framework relating to maternity benefits and provides country illustrations of best practices from Sweden, Croatia, Chile, South Africa, and Vietnam.
Women and Justice: Keywords
Memoranda
RH 2010:34 Svea Court of Appeal (2010)
["A person who, in other cases than those referred to in Section 1, uses unlawful coercion or deceit, exploits another person's vulnerable situation or by some other such improper means recruits, transports, harbours, receives or takes any other such action with a person and thereby takes control over this person with the intent that this person shall be exploited for sexual purposes, removal of organs, military service or exploited in some other way that places that person in distress, shall be sentenced for trafficking in human beings to imprisonment, for at least two years and at most ten years. (…) Chapter 4 Section 1 a of the Swedish Penal Code.] Two persons, 21 and 22 years old respectively brought two 16-year-old boys from Romania to Sweden, where they had jointly stolen goods from shops. The two persons were found guilty of human trafficking because they had taken control of the minors in order to exploit their plight and to encourage them to take part in crimes in a situation that constituted a state of distress for the minors. However, the court considered the crime to be mitigated by the fact that the minors were not exposed to any direct coercion nor had they been deprived of their freedom. [Decision on file with Avon Global Center]
International Case Law
NJA 2008 s. 482 II Supreme Court of Sweden (2008)
["A person who, otherwise than as provided in Section 1 first paragraph, induces another person by unlawful coercion to undertake or endure a sexual act, shall be sentenced for sexual coercion to imprisonment for at most two years. / This shall also apply to a person who carries out a sexual act other than provided for in Section 1 second paragraph with a person, under the conditions otherwise specified in that paragraph./ If a crime provided for in the first or second paragraph is considered gross, a sentence to imprisonment for at least six months and at most six years shall be imposed for gross sexual coercion. In assessing whether the crime is gross, special consideration shall be given to whether more than one person assaulted the victim or in any other way took part in the assault or whether the perpetrator otherwise exhibited particular ruthlessness or brutality. (…)" Chapter 6, Section 1 of the Swedish Penal Code.] [A person who, by violence or threat involving or appearing to the threatened person as imminent danger, forces the latter to have sexual intercourse or to engage in a comparable sexual act, shall be sentenced for rape to imprisonment for at least two and at most six years. (…)" Chapter 6, Section 2 of the Swedish Penal Code.] In this case, the Supreme Court held that sexual coercion had occurred when a man masturbated to another person that was asleep. The victim was at the time 17 years old and had provisionary employment at the perpetrator's company. The incident took place in a hotel room during a trip arranged by the company. The Supreme Court found that the victim was, at the time of the crime, in such helpless condition as referred to in Chapter 6, Section 1 Swedish Penal Code but that the sexual act was not comparable to sexual intercourse. The circumstance that the victim was 17 years old and worked for the perpetrator was not considered to make the offense gross. The Supreme Court therefore found the accused guilty of sexual coercion. [Decision on file with Avon Global Center]