The Plenary Session of the Constitutional Court (TC) has declared against the Magna Carta that biological mothers from single-parent families who work for others cannot extend your birth permit and caring for a child beyond 16 weeksendorsing that the paternity.
In a sentence, a presentation by the judge María Luisa Segoviano Astaburuagathe Plenary considers the question of unconstitutionality promoted by the Social Chamber of the Superior Court of Justice of Catalonia in relation to a series of issues of the Workers’ Statute Law.
The Superior Court of Justice of Catalonia, specifically, considered that the questioned legal provisions represented discriminatory treatment towards minors belonging to a single parent familysince they imply that they will receive less care time than those born in a two-parent family, even though they have identical needs.
“Also, although the precepts questioned are neutral in nature, there was indirect discrimination based on sexsince the negative and unfavorable impact of this regulation would have a more intense impact on working women, who mostly head the single parent families“adds the press release released by the TC.
The TC emphasizes that the aforementioned Workers’ Statute does not contemplate a “specific regime for the enjoyment of birth and child care leave, as well as the receipt of the corresponding social security benefits, within a single parent family“.
“This means that, in a case like the one now presented, in which there is only one parent, who is the biological mother, the suspension of the employment contract with reservation of position (as well as the corresponding economic benefit of social securitywhen the membership and contribution requirements are met) only the worker, the biological mother, is recognized for 16 weeks, of which the six uninterrupted weeks immediately after childbirth are mandatory,” the note indicates.
The TC also considers it necessary to specify that, as long as the legislator does not rule on the matter, in single-parent families the permission referred to in the current regulations must be interpreted in the sense of being added to the permission for the biological mother (16 weeks), the one planned for a different parent (10 weeks, excluding the first 6which must necessarily be enjoyed uninterruptedly and immediately after giving birth).
The Minister of Social Rights, Consumption and Agenda 2030, Pablo Bustinduyhas described “excellent news” the Constitutional ruling. “It is an achievement of civil society after years of struggle and demands,” he told Public the minister
“There is still a lot to do. Almost half of single-parent families are at risk of poverty. It is necessary to act now to improve all areas of social protection,” says Bustinduy.
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