A few months ago we told you that the Constitutional Court had admitted for processing an appeal for amparo, filed by a parent and the Association Platform for equal and non-transferable birth and adoption permits, against a judgment of the Superior Court of Justice of Madrid (TSJM).
Today, The Constitutional Court has responded by endorsing the judgment of the Supreme Court that denied that the paternity leave was comparable to that of maternity leave.
In Babies and more Paternity leave: is it discriminatory that it is only four weeks? The debate reaches the ConstitutionalWhat did the parents request?
The Constitutional Court admitted the appeal for amparo of one of the parents to proceedings because it considered that "The issue raised raises a relevant legal issue and of general social impact."
This was the last step of a legal process that began in 2016, when nine parents grouped under the PPiiNA Platform decided to sue Social Security for discrimination, asking for a non-transferable leave of equal duration than maternity leave and paid 100% of the base Regulatory
The Superior Court of Justice of Madrid dismissed their petition and the plaintiffs decided to appeal to the Constitutional Court.
What argues the court ruling?
According to the Constitutional Court ruling:
"Motherhood, pregnancy and childbirth are differentiated biological realities of mandatory protection, which refers to the integral protection of mothers. Hence, the advantages determined for women cannot be considered discriminatory for men."
In Babies and more, parents in the Basque Country will have a 16-week paternity leave from autumn 2019Add that the plaintiff “He enjoyed the paternity work permit for 13 days and received the corresponding Social Security financial benefit on the occasion of the birth of his son on September 20, 2015”, according to the legislation of that moment, since the permit had not yet been extended to five weeks.
In Babies and more Five-week paternity leave is a reality: it goes into effect on July 5The sentence explains that the purpose pursued by the legislator in the case of childbirth is different depending on whether it is the father or the mother. And this is: "the protection of the health of working women, during pregnancy, childbirth and the puerperium".
And he adds that This is a requirement included in the Constitution and backed by international commitments assumed by Spain, by ratifying the agreements and conventions on human rights that require the adoption of the necessary measures so that pregnant workers enjoy a maternity leave, in order to protect the health of women.
Even with this response from the Constitutional, we trust that the new budgets include the equalization of paternity and maternity leave, as reported by the President of the Government in a public act just a few days ago. This is how Dad, Mom, but also the baby wins, who will enjoy more time in the exclusive care of their parents. Who better?
In Babies and more The government wants to match maternity and paternity leave and universalize education from zero to three yearsPhotos | iStock
