The Ombudsman has requested the modification of the General Law of Social Security to include the time dedicated to the provision of the Social Service of the Women's Section - which was mandatory during the Franco dictatorship - in the calculation of work performed and within of the working life of women in order to receive the retirement pension .

According to a communication to which Europa Press has had access, the institution has admitted to processing the complaint filed by a woman because it has not been counted for the calculation of her retirement age the time that the Female Social Service performed.

In addition, the Ombudsman has requested information on the calculation procedure that Social Security is performing for the cases of women who performed this female service. This benefit was compulsory between 1937 and 1978 for women between 17 and 35 who were single, who wanted to access paid work or an academic or official degree, and were also required to join an association, obtain a passport or driving license.

It has also called for a legislative amendment "in view of the jurisprudence and the interpretation given by the courts on the equalization between the Women's Social Service and the military service." In her complaint, the woman exposes "her disagreement with the norm when considering her discriminatory"

As the Ombudsman has argued, "many women" had to perform this service, but the General Law of Social Security "does not recognize any effect" on the time women spent on this social service. However, he stressed that in the case of military service or substitute benefit in the case of men "it is considered for the purpose of calculating time worked."

In this regard, he recalled that there are already some sentences that are recognizing this right. Specifically, he mentioned a resolution of the High Court of Justice of the Basque Country of 2016 that recognizes a woman's computation of the time dedicated to the provision of this female service within her working life to receive the early retirement pension.

The judgment cited by the Ombudsman was issued after a plea filed by the National Institute of Social Security (INSS) against a resolution of the Social Court number 2 of San Sebastián that had estimated the demand of the woman, born in 1954, and to which he recognized the right to early retirement pension.

"The courts have already recognized that both services must be equated given the similarity that both the female social service and the male military service had at the time," the Ombudsman has affected. Thus, it has denounced that the INSS continues "without applying this interpretation because it is not expressly included in the norm" and, in this way, "women are forced to resort to discrimination decisions"

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