if she so wishes, parental leave and the parental leave allowances relate to the subsequent period and are intended to enable the parent to stay at home to look after the infant personally. Whilst being aware of the differences which may exist between mother and father in their relationship with the child, the Court considers that, as far as the role of taking care of the child during this period is concerned, both parents are "similarly placed" (see Petrovic, cited above, § 36).
49. The Court notes that, in the Petrovic v. Austria case, a distinction on the basis of sex with respect to parental leave allowances was found not to be in violation of Article 14. In that case a broad margin of appreciation was granted to the respondent State because of the great disparity in the 1980s between the legal systems of the Contracting States in the sphere of parental benefits. The Court held that at the material time there was no European consensus in this field, as the majority of Contracting States did not provide for parental leave or related allowances for fathers (see Petrovic, cited above, §§ 38 to 42). However, in the more recent case of Weller v. Hungary the Court took a step away from the approach adopted in the Petrovic case and found that the exclusion of natural fathers from the entitlement to receive parental allowances, when mothers, adoptive parents and guardians were entitled to them, amounted to discrimination on the ground of parental status (see Weller, cited above, §§ 30 to 35). It is also significant that since the adoption of the judgment in the Petrovic case the legal situation as regards parental leave entitlements in the Contracting States has evolved. In an absolute majority of European countries the legislation now provides that parental leave may be taken by both mothers and fathers (see paragraphs 26 to 30 above). In the Court's opinion, this shows that society has moved towards a more equal sharing between men and women of responsibility for the upbringing of their children and that men's caring role has gained recognition. The Court considers that it cannot overlook the widespread and consistently developing views and associated legal changes to the domestic laws of Contracting States on this issue (see, mutatis mutandis, Smith and Grady v. the United Kingdom, Nos. 33985/96 and 33986/96, § 104, ECHR 1999-VI). It follows that the respondent State can no longer rely on the absence of a common standard among the Contracting States to justify the difference in treatment between men and women as regards parental leave. Nor can the reference to the traditional perception of women as primary child-carers provide sufficient justification for the exclusion of the father from the entitlement to take parental leave if he so wishes. Accordingly, the Court concludes that no convincing or weighty reasons have been offered by the Government to justify the difference in treatment between men and women as regards entitlement to parental leave.
50. The Court also notes that under Russian law civilian men and women are both entitled to parental leave. The difference in treatment on account of sex concerns military personnel only. It must therefore be ascertained whether there was an objective and reasonable justification for special treatment of military personnel in that sphere.
51. The Court reiterates that a system of military discipline, by its very nature, implies the possibility of placing limitations on certain of the rights and freedoms of the members of the armed forces which could not be imposed on civilians. Those limitations do not in themselves run counter to the States' obligations under the Convention (see Engel and Others v. the Netherlands, 8 June 1976, § 57, Series A No. 22). It follows that each State enjoys a certain margin of appreciation in this respect, the scope of which varies according to the nature of the activities restricted and of the aims pursued by
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