If the mili months can count to compute contribution periods of the men who made it, also the female version of the Franco regime, the ‘Women’s Social Service’ must compute to prepare these calculations before Social Security. This is what the Supreme Court understands in a sentence that recognizes this right of a woman so that she can reach the minimum contribution period to access early retirement.
The High Court is blunt in this regard in explaining that “it cannot be argued that women could not recognize that right (to be computed for early retirement) since they did not perform military service », since they were obliged to fulfill the” Women’s Social Service “, the magistrates conclude. That period It was in force from 1937 to 1978. It was, normatively, a “national duty of all Spanish women aged 17 to 35 years.”
What the Social Chamber does is apply in its ruling gender perspective to Article 208.1b of the General Law of Social Security, which provides that to credit a minimum contribution period for the purpose of early retirement, the period of benefit of the compulsory military service or substitute social benefit with a year limit. Then, only men did it, while they were referred to female service.
Therefore, it extends this right to the Women’s Social Service – although not explicitly included in the law – by considering that a literal interpretation of this article would lead to a violation of the principle of equal treatment between women and men, and would involve discriminatory treatment of women.
The resolution derives from the claim filed by a citizen before the National Social Security Institute that denied early retirement because he lacked seven days to meet the mandatory minimum contribution. In the first instance, a Social Court in Barcelona proved him right and recognized his right to early retirement, but Social Security appealed and the Superior Court of Justice of Catalonia revoked that first sentence, considering that the provisions regulating the ‘Women’s Social Service’ did not bind the competent authorities “in order to alleged membership, registration or contribution”. However, the Supreme Court understands that the appeal of women must be estimated because “the principle of gender mainstreaming links all the powers of the State: legislative, executive and judicial.”
The Chamber admits that in the Spanish law there is no rule that considers the period in the Social Service as a quoted period for early retirement, but the Law for the effective equality of women and men pursues equal treatment and opportunities and «is an informing principle of the legal system that must be integrated and observed in the interpretation and application of legal norms ».