Постановление Европейского суда по правам человека от 07.10.2010 «Дело Константин Маркин (Konstantin Markin) против России» [англ.]

ial status or employment position. Men and women shall have equal rights and freedoms and equal opportunities (Article 19 §§ 2 and 3).
21. The Constitution also guarantees protection of motherhood and the family by the State. The care and upbringing of children is an equal right and obligation of both parents (Article 38 §§ 1 and 2).
22. The Labour Code of 30 December 2001 provides that women are entitled to a so-called "pregnancy and delivery leave" (maternity leave) of 70 days before the childbirth and 70 days after it (Article 255). Further, women are entitled to a three-year "child-care leave" (parental leave). Parental leave may be also taken in full or in part by the father of the child, his/her grandmother, grandfather, a guardian or any relative who is actually taking care of the child. The person on parental leave retains his/her employment position. The period of parental leave is counted for seniority purposes (Article 256).
23. The Federal Law on Obligatory Social Insurance of Sick Leave or Maternity Leave (No. 255-FZ of 29 December 2006) provides that during maternity leave the woman receives a maternity allowance, payable by the State Social Insurance Fund, amounting to 100% of the salary (section 11). During the first year and a half of the parental leave the person who is taking care of the child receives monthly child-care allowances, payable by the State Social Insurance Fund, amounting to 40% of the salary, but no less than RUB 1,500 for the first child and RUB 3,000 for each of the subsequent children (section 11.2). During the second year and a half of the parental leave no social-insurance payments or allowances are available.
24. The Federal Law on the Status of Military Personnel (No. 76-FZ of 27 May 1998, "the Military Service Act") provides that female military personnel are entitled to maternity leave and to parental leave in accordance with the Labour Code (section 11 § 13). There is no similar provision in respect of male personnel.
25. Under the Regulations on military service, enacted by Presidential Decree No. 1237 on 16 September 1999, a servicewoman is entitled to maternity leave, to three years' parental leave, and to all related social benefits and allowances. A serviceman under contract is entitled to three months' leave in one of the following cases: (a) his wife has died in childbirth, or (b) he is bringing up a child or children under 14 years old (handicapped children under 16 years old) left without maternal care (in the event of the mother's death, withdrawal of parental authority, lengthy illness or other situations where his children have no maternal care) (section 32).

III. Relevant international materials

A. International Labour Organisation materials

26. The relevant parts of the International Labour Organisation (ILO) Report "Maternity at work: A review of national legislation" (2005) read as follows:
"While maternity leave aims to protect working women during their pregnancy and recovery from childbirth, parental leave refers to a relatively long-term leave available to either parent, allowing them to take care of an infant or young child over a period of time usually following the maternity or paternity leave period.
...
The Workers with Family Responsibilities Recommendation, 1965 (No. 123) and the Maternity Protection Recommendation, 1952 (No. 95)... only included provisions on maternity leave and only women's need to reconcile work with family responsibilities were considered. One important change in the policy of the ILO with the adoption of the current Recommendations [and the Convention on Workers with Family Responsibilities, 1981 (No. 156)] was the recognition of fathers' involvement in family responsibilities in general and in this case especially with regard to parental leave. This was an important ste

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