Pregnant And Unlawfully Penalized: Belema’s Story

PREGNANT AND UNLAWFULLY PENALIZED: BELEMA'S STORY
Deborah Warrie Esq

Belema, a 28-year-old administrative assistant was dating Philip, the Maintenance Engineer of LIGHT RAIN DIGITAL SERVICES.

When Belema discovered she was pregnant out of wedlock, she informed her employer LIGHT RAIN DIGITAL SERVICES, that she was pregnant for her co-worker.

The Company demoted her, citing immoral behavior, then four months later, asked her to resign without any pay or her accrued pension benefits. She was also subjected to harassment and humiliation from colleagues.

DOES A WOMAN LOSE HER RIGHTS AS AN EMPLOYEE, SIMPLY BECAUSE SHE GOT PREGNANT OUTSIDE MARRIAGE?

The answer is NO. Generally speaking, single or married pregnant women have various rights to ensure their health, safety, and well-being during pregnancy, childbirth, and postpartum.

Under Nigerian laws, pregnant women have the following rights:

1. Maternity leave: 12 weeks of paid maternity leave (Section 54, Labour Act).

2. Prenatal care: Free antenatal care in public healthcare facilities (National Health Act, 2014).

3. Right to informed consent before medical treatments (National Health Act, 2014).

4. Protection from discrimination based on pregnancy or childbirth under Section 42, Constitution of the Federal Republic of Nigeria.

5. Access to health insurance coverage for pregnant women under the National Health Insurance Scheme (NHIS).

6. Access to emergency medical care, regardless of ability to pay (National Health Act, 2014).

7. Protection from harmful practices, such as female genital mutilation (FGM) (Violence Against Persons (Prohibition) Act, 2015).

Section 54 Labour, grants female employees the following rights:

– Maternity leave before and after childbirth

– 50% pay during maternity leave (if employed for 6+ months)

– Nursing breaks

– Protection from dismissal during maternity leave or related illness.

The above section ensures female employees’ job security and well-being during pregnancy and childbirth

Discrimination based on pregnancy and marital status is contrary to Section 42, Constitution of the Federal Republic of Nigeria, and must be frowned upon by any Institution.

Denial of maternity leave to any woman is contrary to Section 54 of, the Labor Act.

Most importantly, pregnancy out of wedlock doesn’t negate any woman’s rights as a pregnant woman.

Every society must ensure it protects pregnant women’s rights, regardless of their marital status. A pregnant woman is not just a carrier of a baby, she brings life into our world.

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