Constitutional Court Declares Unconstitutionality of Leave Regulations for Single-Parent Families
The Plenary of the Constitutional Court (TC) has ruled that the current law's limiting leave for biological mothers in single-parent families to 16 weeks is unconstitutional. The ruling, presented by Judge María Luisa Segoviano Astaburuaga, responded to a query from the Social Chamber of the Superior Court of Justice of Catalonia concerning the Workers Statute. The Superior Court had raised concerns about discrimination against children in single-parent families, who receive less care time than those in two-parent households, despite having equivalent needs.
The TC's decision underscores that the existing regulations, though neutral in wording, inadvertently foster discrimination based on gender. This is primarily because these laws disproportionately impact women, who predominantly head single-parent families. The press release issued by the TC and reported by Europa Press elaborates that the current provisions do not offer a dedicated framework for childbirth and parental leave within single-parent households.
In situations where a biological mother is the sole parent, her employment contract can only be suspended for 16 weeks, with the first six weeks mandated to be taken uninterruptedly following childbirth. According to the ruling, the intention behind such regulations aimed to promote balance and true equality between genders. However, the court argued that the laws failed to account for the necessary extensions to maternity leave that might be warranted based on circumstances, such as the absence of another parent.
This omission, described as unjustifiable by the court, introduces a disparity between the treatment of children from single-parent and two-parent families, breaching constitutional standards of reasonableness and proportionality, as dictated by Article 14 of the Constitution.
Furthermore, the TC clarified that as long as the legislature does not address this issue, leave provisions should be understood as cumulative. Specifically, this would mean the leave available to biological mothers could include an additional period equivalent to the leave intended for other parents, which is currently set at 10 weeks, excluding the initial required six weeks.
In a broader context, the court’s findings highlight a significant gap in existing regulations that fail to provide adequate support for individuals in single-parent situations. The TC emphasized the need for legislative reform to rectify these disparities and safeguard children's rights, urging that the responsibility now lies with lawmakers to make the necessary amendments.
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