When resolving guardianship action, The Constitutional Court established that endometriosis is a disease Which can prevent women from performing well at work, which is why it is a valid argument for requesting disability.
It all started with a legal appeal filed by a woman named Denise Perez, who was fired from her job in January 2023. Complications arising from your endometriosis.
She was a consultant for the company Altilos Temporales SAS for three months. She was then forced to undergo a medical procedure to treat a tumor on her ovaries. After several tests it was believed that it could be cancer. The diagnosis that cleared up everything indicated that it was endometriosis.
That is, Dennis suffered an illness Chronic incurable disease that affects one in ten women in the world. It is said that approximately 176 million menstruating people suffer from this condition from the time they start menstruation until they reach menopause.
are you interested in: This is how the Constitutional Court makes historic decisions
Since the outlook for this disease in Colombia is not certain There are no official figures This accounts for the majority of women who may have endometriosis.
The closest thing to balance is the data provided by the Colombian Association of Endometriosis and Infertility (ASOCEN): More than three million women may be diagnosed right now, While some five million people may experience symptoms without diagnosis.
Denis got to know his opinion, Had surgery and requested unpaid leave for that time What can happen for your recovery. On January 13, two days before her leave was to begin, her supervisor told her she would need to speak to another representative.
“That official, in an interview conducted through the Teams platform, told Denis Pérez that his contract would be terminated because the density of services had decreased and, therefore, it was not necessary to continue his connection because these work or tasks depended on the purpose for which it was hired remained intact, which was no longer the case,” the court report.
Despite that message, Dennis Perez said only that he was fired, so he began a legal journey that led to the office of Judge Natalia Angel Cabo sometime later. First Review Chamber of the Constitutional Court.
,Endometriosis is known to be a disabling disease for women, trans men, and non-binary people. which has been little studied,” the court’s decision says, adding that it is the first time it has ruled on “how to understand the seriousness of this disease in labor disputes.”
The Constitutional Court stated that it is a disease that “seriously” affects the ability to work, So, there are four reasons why employers need to pay different attention to this.
First, which mainly affects women, “However it can also be experienced by trans men and some non-binary people, because of their dependence on estrogen and because it affects uterine tissue.”
The second is that Academic and scientific research on endometriosis “It’s very rare”, Third, “Its symptoms include long-term pain, infertility, and effects on the reproductive and digestive systems.” Ultimately, your diagnosis may be late, as well as your treatment.
“That’s why it The disease can affect women’s ability to work, Because it requires specialized medical care that may arrive late, while severe pain, digestive difficulties and changes in the menstrual cycle may arise that may prevent or make it difficult for the worker to carry out his or her duties. Is,” the High Court highlighted.
After all the arguments for its decision, the court ordered the company where Denis worked to reinstate him to a position of equal or higher hierarchy if the woman wished. Apart from this, within five days he will have to pay the salary and benefits which he had stopped receiving after the discriminatory treatment meted out to the woman.
Similarly, the Constitutional Court ordered the Ministry of Labor to “define or prepare a policy on access and stability in employment based on research and definition of parameters” within one year.On the impact of endometriosis in the workplace“, to train employers with a gender perspective.
“This training should address the legal and constitutional protections that assist these people when these conditions affect their ability to work, so that employers know how to act in these cases and so that they comply with the Constitution and To effectively comply with the law. In these academic areas, attention should be paid to the case of endometriosis and its state of invisibility.“, the Court concluded.
It should be noted that the Ministry of Labor is not the only ministry that has to develop a public policy on endometriosis. Since the approval of the Ministry of Health Endometriosis law and established that it is a long-term progressive and debilitating diseasehas one year to formulate a public policy that comprehensively addresses the issue.
Also read: How to identify menstrual disorders?
What is endometriosis?
Endometriosis is a disease consisting of, In which cells that normally line the inside of the uterus grow in other areas of the body, largely affecting the ovaries, fallopian tubes, and tissue that line the pelvis.
,With endometriosis, endometrial-like tissue acts as endometrial tissue: It thickens, breaks and bleeds with each menstrual cycle. But since this tissue has no way to exit the body, it becomes trapped,” explains the Mayo Clinic.
Regarding the reasons, The World Health Organization indicates that The disease is believed to affect thousands of people around the world due to a combination of various factors.
However, “It is not known what causes endometriosis or how to prevent it. Although there is no cure, some medicines provide relief from symptoms. Sometimes surgical operation is necessary,” he explains.