The Constitutional Court does not consider it "discriminatory" that paternity leave is shorter than maternity leave

The Constitutional Court does not consider it "discriminatory" that paternity leave is shorter than maternity leave



The Constitutional Court dictates in a ruling that "it is not discriminatory for the male" the current paternity leave legislation, which establishes 5 weeks for the father and 16 for the mother. He does so after the appeal for protection that he requested, along with the Platform for Equal and Untransferable Birth and Adoption Permits, a man who was a father in 2015. By law in force in 2015, he had only 13 days of leave. He initiated a judicial process and another sentence of the Provincial Court of Madrid denied him to equate the losses, which is why he went to the TC.

The ruling of the high court dismisses his appeal arguing that the longer duration for the mother responds to "maternity, pregnancy and childbirth are different biological realities" and therefore "the advantages that are determined" for women "can not be considered discriminatory for men ". The sentence was advanced by El Español and, in a note published today by the Constitutional Court, it is explained that it states that the "primary purpose" of the legislator in the matter of maternity leave is "the protection of the health of the working woman, during pregnancy, childbirth and puerperium".

The only purpose of the loss of man, says the text, is "to favor the reconciliation of personal, family and work life". They adhere to article 39.2 of the Constitution, which refers to the comprehensive protection of mothers, and international commitments: "The establishment of a paternity leave is not imposed to date by any rule of international law."

Magistrate María Luisa Balaguer made a private vote against. It refers to the arguments used based on biology, since being based "on sex" constitute an "inadmissible" category according to Article 14 of the Constitution. Furthermore, it considers that the Constitutional Court, in its analysis, remains "oblivious to a much more complex reality" and loses "an exceptional opportunity to analyze the negative impact that part of these guarantee measures" that are "have as a clear barrier to entry. in front of those who are outside and an obstacle to the promotion of those who are inside ". "A Constitutional Court of this century should have recognized the necessary evolution of social reality," says Balaguer.

The sentence is issued at a time when the reform of paternity and maternity leave is being debated. PSOE and Unidos We could include in their agreement for the 2019 Budgets that these be equal and non-transferable, remunerated at 100% and equal to 16 weeks for both parents. The paternity would be expanded gradually: 8 weeks in 2019, 12 in 2010 and 16 in 2012. The simulance is in the air: United We can defend that each parent can catch it at the time you choose during the first year of life of the baby or after its adoption, and PSOE would be in favor of them being immediately afterwards for both.

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