The Constitutional Court has recognized the right of a single-parent mother in Ibiza to enjoy a 26-week maternity leave, thus equaling the sum of the periods of leave enjoyed by each of the parents of a two-parent family.
This decision overturns a Supreme Court ruling and confirms previous rulings by the High Court of Justice of the Balearic Islands (TSJB) and the Social Court number 1 of Ibiza, which had ruled in favor of the mother, according to Diario de Mallorca.
This is a pioneering case that sets a legal precedent in Spain and represents a step forward in the protection of equality and the rights of children born into single-parent families.
The case: a four-year struggle
The litigation began in 2021, when a mother working in the health sector in the islands, who had two twins, asked the Social Security to extend her maternity leave, requesting to add the period that would have corresponded to the second parent in a two-parent family.
Social Security denied the claim. The mother filed a lawsuit alleging discrimination against both her and her daughters.
The woman based her claim on the principle of equality before the law and the best interests of the child, relying on the Spanish Constitution and the Convention on the Rights of the Child. Her main argument was that children in single-parent families receive less parental care time compared to children in two-parent families, which violates their rights.
The Constitutional Court annuls the Supreme Court’s ruling
The case went all the way to the Supreme Court, which in November 2023 ruled against the mother, upholding the Social Security’s appeal. However, the mother, a nurse by profession, with the support of the SATSE union and the lawyer Agustí Aguiló, took the case to the Constitutional Court, which has now ruled in her favor.
The High Court has concluded that the denial of extended leave constitutes discrimination on the grounds of the birth of children in single-parent families. The Second Chamber of the Constitutional Court has argued that the parental care time of these minors is “significantly less” than that of children in two-parent families, which does not exceed the criteria of reasonableness and proportionality required by law.
In addition, the Constitutional Court’s ruling cites its own doctrine and refers to a ruling of November 6, 2024, which already dealt with a similar case.
Legal basis and arguments of the Constitutional Court
The ruling of the Constitutional Court establishes that the legislator, by omission, has generated an inequality between children born in single-parent families and those in two-parent families, by not recognizing that the latter have double the amount of time of parental care.
The ruling also highlights three key elements that justify the extension of the permit:
- The difficulties of reconciliation of single-parent families, since the entire burden of care falls on a single parent.
- Women are disproportionately affected, since most single-parent families are headed by mothers, which generates a breach of the principle of gender equality.
- The direct detriment to children, as they enjoy less time of parental company and care compared to children in two-parent families.
A ruling that opens the door to new claims
This ruling of the Constitutional Court sets a key precedent and opens the possibility for other single-parent families to claim the same right. In addition, it is a wake-up call to the legislator, urging them to reform the regulations to avoid future discrimination.
Social Security has not yet reacted to the ruling, but this ruling could force the Government to modify the legislation on maternity and paternity leave, ensuring equal rights for all families, regardless of their structure.
