The Court of Justice of the European Union has ruled against the complement offered by Social Security to women mothers of at least two children exclusively for their demographic contribution to the system.
The ruling issued today indicates that the directive of equal treatment between men and women in matters of Social Security is contrary to the Spanish norm, since men who are in a situation identical to that of women who receive the pension supplement They have no right to him.
The case judged by the Court derives from an administrative claim presented as a result of the granting of a pension for 100% absolute permanent disability to a father of two daughters. The plaintiff claimed a 5% supplement such as that granted to women in the same family situation. In the opinion of the CJEU, the least favorable treatment of men in the granting of this complement implies a direct discrimination based on sex that is prohibited by the Equality Directive.
Social Security has argued that the complement is conceived, in addition to the demographic contribution to the system, as compensation for the gender gap between the pensions of women and men , especially in the case of those whose professional careers are They have been shortened for having had two children. For the European Court, this argument is insufficient.
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