Politician or mother? Why Luxembourg's parliament needs to close a legal loophole

When Semiray Ahmedova (déi gréng) gives birth to her son in April 2022, she is a member of parliament. "In theory, I should have been back in the Chamber the day after giving birth, " she says. Ten days after the birth, the Housing Commission, of which she was President at the time, convened. "After the birth, I found it difficult to sit for long periods of time. But to chair the commission, you have to sit for a long time and keep calm. I was told that I might have to make a decision: either in favour of politics or in favour of the family." She finds being faced with the choice intense. The happiness of being a new mother is mixed with feelings of unfairness and little appreciation.

The legal bling spot

Female politicians who become pregnant, have a child and/or are nursing during their term of office are not protected by specific legal regulations in Luxembourg. They do not receive maternity, parental or nursing leave. The research report published on 3 October by the Parliament's scientific department, entitled Pregnant women, women who have given birth and/or are nursing with a political mandate: stocktaking in Luxembourg and abroad, has once again highlighted this legal gap.

The reason for the gap, according to the report: Currently, the protection of pregnant, postpartum and/or nursing women in Luxembourg is based on the definition of "employee" in Luxembourg labour law. However, as elected officials are not legally classified as employees, the protective provisions of labour law do not apply to them. The legal gap can be explained "by historical and social circumstances, but also by the fact that the exercise of a political mandate cannot be equated with a paid professional activity", it continues.