The Superior Court of Xustiza de Galicia (TSXG) has established that the birth of a stillborn child counts to calculate the mother’s retirement pension. The Galician Justice thus joins other recent rulings in the same sense in other communities.
The resolution of the Social Chamber of the TSXG, dated October 15, indicates that the maternity supplement in contributory pensions is conceived as a specific measure in favor of women to “correct patent situations of de facto inequality with respect to the men”.
The judges argue that the situation of discrimination that affects women for being workers and mothers had been occurring from the moment of pregnancy, “regardless of whether it came to fruition.” For this reason, they consider that the supplement should be applied if the fetus dies before birth to compensate for this discrimination and to reduce a gap that was evident in wages and, subsequently, is reflected in pensions.
The ruling rejects the approach of the National Institute of Social Security and the General Treasury of Social Security, who defend that the birth of a dead child “does not count as a child for the purposes of recognition and, where appropriate, the amount of the maternity supplement in contributory pensions “.
The TSXG points out that the wage gap that can be seen today was more evident in historical times in which women who now have access to a retirement pension were working in the stage of having children. “If the legislator, in order to overcome the pension gap derived from that historical wage gap, has taken into consideration the birth of a child to generate the supplement, that expression must be understood in the broad sense of including any detachment from the mother’s womb after 180 days of gestation “, conclude the judges.