The European Court of Justice (ECJ) has once again ruled that Spain's pension supplement aimed at reducing the gender gap remains discriminatory against men, despite legislative reforms intended to address the issue. This decision underscores the ongoing challenges in achieving gender equality in social security benefits across the European Union.
In a judgment delivered this Thursday, the ECJ highlighted that the Spanish law, even after its amendment in 2021, continues to impose additional conditions on men seeking to claim the pension supplement, conditions not required of women. The court's ruling reaffirms its 2019 stance that the original provision was discriminatory, prompting the Spanish government to revise the law to include fathers. However, the latest decision indicates that these changes have not gone far enough to ensure equal treatment.
The pension supplement in question was initially designed to compensate women for career interruptions due to childbirth or childcare, acknowledging the disproportionate impact on their professional lives and, consequently, their pension benefits. While the reform extended eligibility to men, the automatic entitlement granted to women is not mirrored for men, who must prove their careers were similarly affected by parenthood. The ECJ's ruling emphasizes that such differential treatment constitutes direct sex discrimination under EU law.
This ruling not only calls for Spain to further amend its legislation but also serves as a reminder to all EU member states of the importance of scrutinizing social security policies for hidden biases. The ECJ's decision leaves no room for ambiguity: equality in treatment must be substantive, not just nominal, and any measures to address historical inequalities must not inadvertently perpetuate discrimination against any group.
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