The necessary gender-focused interpretation of the benefits system. Comment on the Supreme Court (social security chamber) ruling no 79/2020 of 29 January

Abstract

In ruling No. 79/2020, of 29 February, the Social Chamber of the Supreme Court, rectifying previous doctrine, dismisses the appeal for unification of doctrine filed by the National Institute of Social Security and the General Social Security Treasury against the ruling of the Social Chamber of the Superior Court of Justice of the Canary Islands/Las Palmas of 2 May 2017 (AS 2017, 255) which recognised the right to receive benefits of relatives of the daughter of a beneficiary of a defunct Compulsory Old Age and Disability Insurance (SOVI) pension.

In this important ruling, the Supreme Court carries out a reinterpretation from a gender perspective of the applicable regulations on Social Security, in which the principle of equality between women and men is a transversal principle that must be applied in the actions of public authorities, including the judiciary, which must be directed towards achieving real and effective equality, avoiding discrimination "direct or indirect" on the basis of gender. With this objective, the Supreme Court also applies the concept of "discrimination by association", a jurisprudential construction of the Supreme Court, for the first time.