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Spain's Parental Leave Ruling

The Spanish Constitutional Court ruled that single parents are entitled to the same parental leave as two-parent families, addressing discrimination against children in single-parent households.

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Spanish

Spain

Labour MarketGender IssuesGovernmentLawFamilyCourtEquality

Constitutional CourtCatalan High Court Of JusticeParliament

Enrique ArnaldoConcepción EspejelPablo BustinduyMaría Luisa Segoviano

What was the primary argument for the court's decision?: The ruling aimed to address the discrimination faced by children in single-parent families, who received less parental leave than those in two-parent families despite having the same needs. The court deemed the existing law unconstitutional due to this discrimination.
What actions are required following the court's decision?: The Constitutional Court's ruling maintains the current laws but emphasizes the need for Parliament to amend them to align with the Constitution. Until then, single parents will receive the combined leave of both parents.
Was the court's decision unanimous? If not, what happened?: The court's decision was unanimous, though two conservative judges issued a concurring opinion with differing arguments. The ruling stems from a case where the Catalan High Court of Justice found existing legislation discriminatory.
How did the government minister respond to the court's ruling?: Pablo Bustinduy, Spain's Minister of Social Rights, celebrated the decision as a victory for civil society, highlighting the need for further social protection improvements for single-parent families, a significant portion of which live in poverty.
What was the main ruling of the Spanish Constitutional Court regarding parental leave?: The Constitutional Court of Spain ruled that single parents should receive the same parental leave as two-parent families. This means adding the 10 weeks allotted to the second parent to the existing 16 weeks for the biological mother.

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