From now on, the pension supplement that in Spain has only been granted to mothers with an occupational disability pension and two or more children, is also awarded to fathers in a comparable situation. That is what the European Court decided on Thursday.
A father of two daughters was awarded a 100 percent disability pension by the Spanish social security institute INSS. The man appealed against this because a mother in the same situation receives 5 percent extra under Spanish law. The father wanted to receive the same arrangement, but was not approved by the INSS.
On appeal to the labor court, who went to the Court of Justice of the European Union, the man was still right. The Court finds that the Spanish law is against the equal treatment of women and men in the field of social security. Fathers with at least two biological or adopted children are discriminated against based on their gender, which is prohibited.
The Spanish law was aimed at compensating women because they often build up a lower pension than men. This is especially true if they have interrupted their career one or more times due to parenthood.
The Court now judges that Spanish law does not mention these circumstances, but only makes a distinction based on gender. Men who interrupt their career because of parenthood cannot claim a benefit, while women who continue to work can make use of it. According to the Court, that makes the law discriminatory.