The Supreme recognizes the right to compute the Franco Social Service for the retirement of women
The Supreme Court has recognized for the first time the right of a woman to compute the time she spent in the ‘Women's Social Service’ -binding during the Franco regime- to reach the minimum contribution period required for early retirement. It is similar to that of compulsory military service or substitute social benefit in the case of men, according to the TS.
The court applies the gender perspective in the interpretation and application of Article 208.1.b of the General Law of Social Security (LGSS) which provides that to credit a minimum contribution period for the purpose of early retirement, the benefit period may be computed mandatory military service or substitute social benefit with a maximum limit of one year.
According to the ruling made public this Friday, leaving women out and interpreting this article literally would be a violation of the principle of equality between women and men.
The resolution analyzes the specific case of a woman who had requested early retirement and was denied by the National Social Security Institute (INSS) for missing seven days to meet the minimum contribution required by law.
In the first instance, a Social Court in Barcelona did give the reason to the claimant and recognized her right to access early retirement. Subsequently, the Superior Court of Justice of Catalonia (TSJC) revoked this first sentence considering the appeal of the INSS, considering that the time the woman was serving the Women's Social Service did not contemplate any obligation of the competent authorities in order to alleged affiliation, registration or contribution.
However, the Supreme Court understands that the appeal of women must be estimated in application of the gender dimension that links all the powers of the State: legislative, executive and judicial.
The Chamber admits that in our system there is no standard that it considers as a quoted period in order to reach the minimum contribution period required to access partial retirement, the period of provision of the “Women's Social Service”.
However, he adds that the approval of the Law for the effective equality of women and men (LOIEMH) pursues equal treatment and opportunities, and that it is an informing principle of the legal system that must be integrated and observed in the interpretation and application of The legal norms.
The sentence, with a presentation by María Luisa Segoviano, recalls that the purpose of both the military service and the "Women's Social Service" was similar, as established by Decree No. 378 of October 1937, as a mandatory service for men and women. women. In the case of these, it was established as "national duty of all Spanish women in the age of 17 to 35 years", and was in force until 1978.