Sex discrimination and Social Security

The application of directive 79/7 in Spain

Abstract

The Commission Report of 11 September 1995 on the application of Directive 79/7 in Spain highlighted the correct application of the Directive in our country. However, for more than a decade, the case law of the Court of Justice in Luxembourg has continually outlined the existence of old and new forms of discrimination on grounds of sex in Spanish Social Security legislation. These rulings have been a catalyst for far-reaching legislative reforms to bring national legislation into line with European Union law. Although on several occasions the Court of Justice of the European Union and the Spanish Constitutional Court have had to rule on the discriminatory nature of the same provisions, the dialogue between the two courts has so far been harmonious. In any case, Directive 79/7 is not a panacea for the total eradication of discrimination on grounds of sex in the field of social security and social assistance because, given its personal and material scope of application, Directive 79/7 does not apply to all persons or to all social benefits.