“Brechas de género" y sistema español de Seguridad Social: balance crítico y algunas propuestas de corrección

Abstract

In recent years, the legal-social struggle against inequalities and / or discrimination based on sex is also played out in social security relations, not only in labor relations. Together with the movement in favor of the elimination of the "gender wage gap", another parallel is being developed aimed at reducing the "gender gaps in social protection". Gender gaps in social protection are more difficult to solve than legal-labor gaps. First, because the gaps in social protection derive from gender gaps in the labor market. Second, because, in addition, they require other decisions of an institutional nature, to compensate inequalities not only in law but in fact, both in the labor market and in the sexist distribution of reproductive work. The Spanish social security system is making notable efforts to reduce the gender gaps in public pensions, and in other branches of social security system protection. However, the results have not yet been successful enough for the correction to be sufficient. Therefore, it is necessary to advance faster and faster in gender equality in terms of social protection. A task that mainly concerns the legislator, but also the courts of justice, through interpretation with a gender perspective on social security