Constitutional Court ruling on maternity leave for single parents

At a glance

• The Constitutional Court of Spain has ruled that the current law, which limits biological mothers in single-parent families to a maximum of 16 weeks of maternity leave, is unconstitutional.
• The Court determined that this law unfairly differentiates between children born to single-parent families and those in two-parent families.

The Constitutional Court of Spain has determined that the current law, which restricts biological mothers in single-parent families to a maximum of 16 weeks of maternity leave, is unconstitutional. This ruling stemmed from a case presented by the Social Chamber of the Superior Court of Justice of Catalonia, which argued that the law unfairly discriminates against children from single-parent families by offering them less care time compared to those from two-parent families, despite their similar needs.

The court’s analysis focused on Article 48 of the Workers’ Statute and Article 177 of the General Social Security Law, as amended by Royal Decree-Law 6/2019. These provisions do not establish a specific regime for maternity leave and social security benefits for single-parent families. Consequently, when a biological mother is the sole parent, she is entitled to only 16 weeks of leave, with the first six weeks being mandatory after childbirth.

The court highlighted that while the law aims to promote equality between men and women in the workplace, it fails to allow single mothers the option to extend their leave to match what would have been available to a second parent. This omission is seen as unjustifiable and has a negative impact on children born into single-parent households.

The ruling emphasises that while legislators have significant discretion in designing social security systems, they must comply with constitutional principles of equality. The court found that the existing law creates an unreasonable distinction between children from single-parent and two-parent families, neglecting the negative consequences for the former group.

Ultimately, the court declared the relevant provisions unconstitutional, highlighting the necessity for legal frameworks that ensure equal treatment and adequate support for all families, regardless of their structure. This landmark decision is anticipated to prompt legislative changes aimed at better protecting the rights of single-parent families and their children.