After 16 weeks of benefit, another 10 will be added, similar to those who can enjoy the second parent in the case of a biped family (excluding the 6 weeks immediately to birth), which born to the discrimination of babies in single -family families.
The Senate of the Constitutional Court (TC) has recognized a Cantabrian mother who only cancel her daughter to enjoy 10 weeks” In addition to the 16 of birth determination and small care for Avoid discrimination of the girl with regard to the children of two -fetched families.
In a punishment, published on January 13, 2025, the Constitutional Court is of the opinion that the fundamental rights on equality were violated by law due to the birth of the reject The Provincial Directorate of Cantabria of the National Social Security Institute (Inss) The application for this employee A single -parent family of expanding the permission is to be birth.
The facts were submitted by the employee, who was submitted in 2021, who had been a mother and claimed the expansion of permission from 16 to 32 weeks to take care of her daughter on the same conditions of the rest of the families since then “since then Since then the family structure cannot assume discrimination for the child.
The judicial tour started with a Estimation of the Social Court number 4 of Santander that so much convicted of inss Regarding the General Treasury of Social Security (TGSS) to the expansion of permission in 10 weeks.
They were reduced from the 16 requested when considering that the first 6 weeks are shared by both the mother and the other parent. Then the Superior Court of Justice or Cantabria returned to Ratify the expansion of the permit that failed against the inss and the TGSS. These organisms They appealed in 2023 at the Supreme Court.
The Supreme Court has withdrawn in the sentence and, according to use of Cantabria in a statement, has established that “the benefit for the birth and care for the minor is of a contributing nature of which the persons are included in the general social security regime “And therefore it follows that” it is customary that in two -speed families only one of the parents can enjoy the benefit. “
In the year 2024, It came between Amparo -source for him Constitutional court, who ultimately determined that there is a “difference in treatment as a result of the birth between boys and girls born in single and bipping families, because it implies that babies born in single families will receive a lower care time than those born in a biparental family, despite that they have identical needs. “
That is why the TC ordered to control the actions to the previous moment of the Inss resolution.
Before use, this sentence is’ very relevant, because it ends with a discrimination of children born in single families and from now on the criteria without a doubt when granting permits that dictate both the inss and the TGSS of Cantabria “.
Source: EITB

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