The Social Court number 16 of Valencia has recognized that a mother of a
single parent family has the
right to enjoy the
eight additional weeks
to care for her child that would correspond to
paternity leave on
the understanding that the minor for "having only one parent does not you may see that time of care that is guaranteed by law diminished ".
The judgment, in a case that has been defended by the
CSIF
union
and against which there is an appeal, thus partially considers the lawsuit filed by the woman and condemns the National Social Security Institute and the General Security Treasury to be and go through This statement. The woman requested, after having taken her maternity leave between October 3, 2020 and January 22, 2021, for the 12 additional weeks that would correspond to the father because they are a single-parent home.
However, the Valencia Provincial Directorate of Social Security denied it, considering that, according to the Workers' Statute, it is "
an individual right and that, therefore, it cannot be transferred to the other parent
.
"
However, the judge agrees in part with the woman since she understands that since the law establishes that four weeks of parental leave must be immediately after the birth and the remaining eight weeks after, as the mother has enjoyed those four weeks immediately after giving birth,
"that time cannot arise as a breach of the principle of equality
.
"
Therefore, it considers that it is only entitled to the remaining eight weeks of birth and care leave for the minor as this period is the one that "truly, neither the applicant nor the minor have enjoyed due to the fact of being a single parent family, and cannot be this difference is admissible in accordance with international and constitutional regulations ". In addition, it points out that the woman "is not taking over any right, since
there is no other parent who has the right
to the period of enjoyment requested by her and, therefore, it is not a question of any transfer of her individual right. "The judgment further emphasizes that the Convention on the Rights of the Child does not make" any distinction whatsoever for the condition of the child, of his parents or their legal representatives ", and that" all measures must be taken so that the child is protected against all forms of discrimination or punishment due to the condition of their parents "and that the Courts must consider" the best interests of the child. "The Supreme Court deepens in this line, in a 2016 ruling, when it highlights that" the maternity protection rules must be interpreted in light of the general principle of the best interests of the minor. "
ENFORCEMENT OF THE RIGHT OF EQUALITY
Likewise, the judge attends to a ruling of the Superior Court of Justice of
the Basque Country
of 2020, although it is not final, in which it analyzes a similar case and the enjoyment of those eight weeks is recognized because it verifies that "if the benefit is denied to the beneficiary in the terms that she requests, there is a violation of the right to equality enshrined in the Convention on the Rights of the Child. " In addition, it indicates that "the affected minor would suffer a
clear decrease in terms of attention
, care or development that those others framed in a two-parent family model will receive". In addition, it warns that "single-parent households, and indirectly women, are discriminated against."
In this regard, CSIF, which has handled the case, highlights in a statement that it is a "pioneering" sentence that emphasizes "the discrimination" that involved not adding eight weeks of care after the birth and that opens "a way to improve "of the care of their children after the birth for other workers of single-parent families.
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