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[Do courts admit the benefit related to risk during breastfeeding in female healthcare workers?]

Ana María González Cáceres¹, María José Rosas Molina², Marco Antonio Mateo García³

¹Unidad de Prevención de Riesgos Laborales de la Gerencia de Atención Primaria de Gran Canaria. Gran Canaria, Spain. anamariaglzc@gmail.com.

Archivos De Prevencion De Riesgos Laborales

|March 3, 2025

The WHO and the Spanish Pediatric Association (AEP) recommend an early start of breastfeeding and its maintenance as long as possible. The benefit about risk during breastfeeding is initiated in Spanish legislation by a Ley Orgánica 3/2007 22 th of March and achieves regulatory development through a Real Decreto 295/2009 6th of March. CENDOJ Centro de Documentación Judicial is used for search keywords: Benefit related to risk during breastfeeding. Only 10 results are obtained, of which 5 are excluded because they do not concur to the search criteria. Most of the court's ruling are supporting the demands of the workers and it is remarkable an assessment of specific workplaces during breastfeeding. There is a discrepancy between WHO/AEP advice and the current Spanish labor legislation.

The WHO and the Spanish Pediatric Association (AEP) recommend an early start of breastfeeding and its maintenance as long as possible. The benefit about risk during breastfeeding is initiated in Spanish legislation by a Ley Orgánica 3/2007 22 th of March and achieves regulatory development through a Real Decreto 295/2009 6th of March. CENDOJ Centro de Documentación Judicial is used for search keywords: Benefit related to risk during breastfeeding. Only 10 results are obtained, of which 5 are excluded because they do not concur to the search criteria. Most of the court's ruling are supporting the demands of the workers and it is remarkable an assessment of specific workplaces during breastfeeding. There is a discrepancy between WHO/AEP advice and the current Spanish labor legislation.

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