If a 50% father and mother are born with the arrival of the baby, why does the maternity leave last 16 weeks and the paternity leave only four? Many parents (and mothers) think so and nine of them decided in 2016 to take action on the matter and sue Social Security.
Now the Constitutional Court has just admitted to processing one of these appeals, which claimed "a benefit and a paternity leave of the same duration as maternity and paid 100% of the regulatory base. "
Great social impact
The reason why the Constitutional Court has admitted the appeal to the appeal for the protection of one of the parents is that it considers that “the aforementioned issue raises a relevant legal issue and of general social repercussion”.
It is the last step of a legal process that began in 2016, when nine parents grouped under the Platform for Equal and Non-Transferable Birth and Adoption Permits (PPiiNA) decided to take action and sue Social Security for discrimination, asking for a non-transferable permit of the same duration as maternity and paid 100% of the regulatory base.
First positive response
After appealing all the sentences of lower instances, the fact that the Constitutional Court has decided to admit the case to processing is a positive news for the platform, the first in this process that already lasts two years:
"It is an opportunity to overcome an old constitutional doctrine, outdated and not based on what should be the purposes of permits. An obsolete regulation that no longer adapts to the aspirations of citizenship equality: permits must not only allow the care of the newly arrived creature, but also that such care be performed equally between both parents ”
We have contacted the platform and are waiting for clarification on what implications a positive judgment of the court might have. Would families be closer to getting a paternity leave 16 weeks?
In Babies and more Paternity leave in the world, five-week paternity leave and a thousand euros for daycare, one step closer
