Abstract
The CJEU, in a judgment of December 12, 2019 (case C-450/18), declares the supplement for maternity of pensions, regulated in art. 60 LGSS, understanding that it constitutes direct discrimination on the basis of gender with respect to men, because in which it only recognizes those women, beneficiaries of a contributory Social Security pension, who have two children or more, for their demographic contribution to the system. The Court’s ruling goes beyond this declaration of discrimination on the basis of sex, emphasizing the scope of the measures of positive action as a solution to try to compensate the real situation of inequality between women and men in the pension system in Spain.
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