The Constitutional Court has admitted to a legal remedy that calls for equalization of maternity and paternity permits. The claim comes after a parent claims Social security that equate by applying for four months of leave, such as mors, and to respect 100% of regulatory base.
In a car signed on 10 April, magistrates of High Court have agreed to admit this appeal with a very significant nuance. It will be plenary of this body to decide wher current regulation is in conformity with constitutional principle of equality which it must. In principle, procedure would correspond to first room, but due to "special transcendence of matter" will be 12 judges of constitutional who deliberate and make decision.
This decision is significant, since not all requests for amparo are accepted and, even less, y are considered by court plenary. However, this step does not determine that final decision will be favorable to plaintiff, who has support of Platform for equal and non-transferable permits of birth and adoption (PPiiNA).
Among arguments given by full court to "collect for itself resource of amparo", car exposes, are that matter gives him opportunity to "clarify or change his doctrine". It also points out that issue raised in appeal transcends specific case because it "raises a relevant legal issue and generates social and economic impact".
This first decision of court arrives in case of a far, according to communiqué of PPiiNA, which claimed with Social security a permission of four months paid with 100, 1% of corresponding regulatory base. Along with this far, re are eight or resources that will reach constitutional by procedures initiated in 2016, Avanza PPiiNA. "This is first positive response that is given to platform's demand," he continues.
"It is an opportunity to overcome an ancient, outdated constitutional doctrine that is not based on what should be purposes of permits. An obsolete regulation that no longer adapts to aspirations of equality of citizenry: permits must not only allow care of newly arrived creature, but also that such care is carried out equally between two progenitor persons ", The association abounds.
At this time, paid leave of men is five weeks and will rise to six when budgets are approved. Up to 2017 that permit was 15 days, despite adoption of a four-week extension since 2009. This measure was suspended for years on grounds that it involved a lot of spending at a time of fiscal adjustment (200 million per week).
The pact between Government and citizens to approve budgets of 2017 Desencalló measure. The extension of permit, to five weeks, will continue if this year's public accounts are finally approved. This measure is a requirement of formation of Albert Rivera who is committed to go equating permissions of paternity and maternity. We can also claim in Congress equalization, since last year he presented a law proposition that claimed equality.