Identifier: TFG:658
Authors: Quirós Franco, Encarna
Abstract:
The final disposal first of the Royal decree Law 5/2013 of 15 of March of “Measures to favour the continuity of the labour life of the workers of greater age and promote the active aging”, entered a modification of the text blend of the General Law of Social Security (Royal Legislative decree 1/1994 of 20 of June, from now on LGSS), that will suppose that: (...) “ Only it will understand fulfilled the requirement of lack of incomen when the sum of the incomen of all the members of the familiar unit like this constituted , included the applicant , divided by the numeral of members that compose it , do not surpass the 75 percent of the minimum wage “. Since the point of view of gender, the new requirement to fulfil, goes to situate to the women, with need to access to the perception of the subsidy, in an uneven position, that further of the economic perception, ensures the continuation of the prices that later will generate his pension of retirement. The object of study of this research, base in the discriminatory question by reason of sex that generates the introduction of the mentioned third paragraph in the regulation of the subsidy and as a consequence, the infringement of three constitutional precepts, the first of them the art.9.3 regarding the interdiction of the arbitrariness of the public powers, the second of them the art. 14 regarding the discrimination by reason of sex, and the third the art. 41 when the absence of guarantee to the assistance and sufficient social benefits in front of situations of necessity.
Repositori URV