SANTA CRUZ DE TENERIFE, March 18. (EUROPE PRESS) –
The Contentious Court Number 1 of Santa Cruz de Tenerife has recognized a mother, an agent of the National Police of the Puerto de la Cruz-Los Realejos police station, her right to accumulate maternity and paternity leave given that with her son she a single parent family.
The sentence, made public this Friday, estimates the contentious-administrative appeal filed by the agent against the dismissal of the appeal against the commissioner’s resolution that prevented her from enjoying the 12 weeks of leave that correspond to parents.
The ruling prioritizes the general interest of the minor to enjoy care and understands that if the mother cannot extend the permits, the same capacity as the children of two-parent families is “decreased” to the child, while at the same time it supposes a “discrimination” of Your rights.
For this reason, it states that the regulation of permits must take into account “the best interests” of the minor, as well as the gender perspective, given that the vast majority of single-parent households in Spain are made up of women.
Thus, it states that the reality of single-parent families is varied, but the “feminization of poverty” or the care and assistance systems due to vulnerability cannot be ignored, since the number of women with part-time contracts is the majority.
In addition, it highlights that when the enjoyment of the suspension of the employment contract is fixed by incorporating the man, the woman is indirectly harmed since the time dedicated to the minor by her is greater, “because she does not share it”, and their training and job promotion are also reduced.
“Equality between men and women has been sought, but a new gap has been introduced that places us not before the glass ceiling but rather the sticky floor, and before a functionalist conception of equality that obviates the fact that the different manifestations of it develop within habitats or social structures”, he collects.
According to the sentence, denying the extension of the permit supposes an “indirect discrimination” of the law of equality for reasons of gender and establishes a difference in treatment between men and women that lacks objective justification and reduces family conciliation.
An appeal against the judgment may be lodged with the Supreme Court.
