The Supreme rejects double permits in single-parent families and says that its function is to apply the law, not create it

MADRID, 8 Mar. (EUROPA PRESS) -

The Supreme Court has agreed with the Prosecutor's Office by rejecting double single-parent permits for birth and child care, while warning that its function is "the application and interpretation of the norm, but not the creation of the law."

The magistrates of the Social Chamber have dismissed the request of a mother of a single-parent family who requested a benefit for the birth and care of her child in addition to what she had enjoyed. Thus, they have rejected that in the case of single-parent families a benefit with twice the duration be granted.

In the ruling, collected by Europa Press, the court explained that "an intervention of this caliber is far from what the constitutional organization of the State entrusts to judges and courts."

The Supreme Court has stressed that "the intervention in the legal system that requires a claim such as the one that is sustained in the present procedure only corresponds to the legislator, without it being able to be replaced through judicial resolutions that go beyond their own jurisdictional functions.

The magistrates have stressed that the court is not responsible for "the modification of the Social Security benefits system, nor the modification of the organization of the suspension of the employment contract for reasons provided for by law."

"What is being asked of us goes beyond what it means to 'interpret and apply the law' and falls within the scope of its creation," the Supreme Court insisted.

This resolution has had the dissenting particular vote of magistrate Ignacio García-Perrote, to which the president of the Chamber, Rosa María Virolés, has adhered. Both have concluded that the sentence approved by the majority "does not contain any justification or reasoning for why in the present case it deviates from the doctrine" of the Chamber.

In line, they have stressed that "the principle of integration of the gender dimension obliges judges and courts to incorporate the gender perspective in the exercise of the jurisdictional power attributed" by the Constitution.