The Procuradura General de la Nación indicated that maternity leaves established in the Colombian Labour Code should equally apply to women as well as other people with gestational capacity, such as trans men and non-binary gender individuals. In a memorandum sent to the Constitutional Court, the Procuradura General de la Nación pointed out that Article 236 was based on a traditional family model, which may lead to discrimination scenarios.
She stated that the language of this rule only covers people who identify as women, excluding trans men, whose sex assigned at birth is female but their gender identity is male, and gender non-binary individuals, which are those who do not identify solely or fully as women or as men.
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