A judgment of the Social Court number 2 of Zamora has recognized a working mother without a partner the right to enjoy both maternity and paternity leave, which is an additional eight weeks for the birth of his son.
The judgment, against which appeal appeals before the Superior Court of Justice of Castilla y León by social security, gives the reason for a claim submitted by a nurse who constitutes a single-parent family and that has been defended by the union Nursing Satse.
The trade union organization has highlighted EFE that, although there is a possibility of appeal, judicial failure is very well-founded.
The judgment establishes that the applicant must enjoy an additional eight weeks of permission for the birth of his child, as the Convention on the Rights of the Child and Primates the best interest of the child should be applied.
Otherwise, according to judicial failure, the child would be discriminated against against children born in biparental families and the right of equality agreed to enshrine that international convention.
The nurse who raised the demand is a unique progenitor who had a son in August of last year and enjoyed maternity permit until the beginning of December.
A few days before it concluded the permit requested social security for the expansion during the time it had corresponded to the other parent in case of being a bipartency family.
However, the INSS dismissed the petition and argued that the current legislation does not contemplate for assumptions of single-parent families that the permission that had corresponded to the other parent can accumulate that of the mother.
On the other hand, the Social Court number two of Zamora has understood that making a literal interpretation of the law that prevents transfer the right to the other parent in case of single-parent families, it means "discrimination of the child born in said family, with respect to the child born In a biparter family. "
The sentence has warned that this discrimination in the period of care and care of the children of single-parent families "by their own condition or by the marital status or status of the parent" what does is to reduce the attention received by the child in those families .
In addition, that difference with respect to families with two parents introduces "a bias that breaks the development of the child, as less time and with less personal involvement of who has been considered progenitor," said the sentence.
The Court of the Social of Zamora has concluded that the applicant has the right to add to his maternity leave eight additional weeks of benefit by birth and child care who have enjoyed the other parent if it had been a bipartency family.
Satse has valued the judgment by constituting "a new progress in matters of family reconciliation" and equal the rights of children born in single-parent families to those of families with two progenitors.
He has relied on that, depending on it, Social Security modifies the criterion of interpretation of the regulations and does not force parents or mothers of single-parent families to have to go to the courts to defend the rights of the child.Date Of Update: 03 August 2021, 19:50