Maternity leave for single parents has been as long as that for couples
- A single-parent mother in a court in Bilbao has succeeded in ensuring that maternity leave does not relate exclusively to the mother, as established by law, but is equal to the term granted to couples for the care of the newborn. The judge finds it discriminatory that a shorter term of custody is granted to the child because it is a single-parent family.
This same ruling was pronounced this week in Barcelona, and not only in Bilbao, but also in the Catalan capital. What the law does not recognise, there is an increasing number of courts in which mono-parents – women, the vast majority – have the same rights as traditional families. The Courts have emphasised that the newborn's care permit is not so much a right for parents to do so, but a right for the child, as the child is intended for care and protection, so it makes no sense for the care permit of some children to be longer – because it has two parents – than that of other children – because they have only one parent. The courts interpret it as discriminatory and unfair.
The Bilbao resolution also recalls that the two-parent nuclear family model has changed since the 1970s and that the new models must be taken into account.
Plead not to go to court
In 2020, the High Court of Justice of the Basque Country issued a pioneering resolution granting the single mother a 24 week maternity leave with a 16 week leave. Other resolutions follow the path of the High Court of Justice of the Basque Country, but the mono-parent groups insist that the law should give them this right, without the need to go to court.
Even though the various family models are becoming more and more numerous, many of the rules and bonuses that we have do not take into account non-traditional families, and the single parent who does not follow the path of denunciation is often sold. “There is still much to fight,” says the only mother, Amaia García, who has just told us that if one of the partners becomes a widower, it will automatically be understood as a large family, “but it is not a large family that, as in our case, has two children and one father. What is the point?”
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