“Family Unity” and access to the RAI. Prosecution with gender and disability perspectives. Regarding the Superior Court Rulings of Justice of the Canary Islands of April 24, 2024 (Resources 2194/2022) and your private vote

Abstract

Ruling that analyzes the concept of “family unit” and its members, for the purposes of compliance with the income requirement demanded by art. 2.1 d) of RD 1369/2006, to access the Active Insertion Income (RAI), concluding, after a literal and teleological interpretation of the precept, that the physically, mentally and sensorially disabled sister (74%) who cannot be included lives with the applicant. It omits to arrive at another solution, through an interpretation with a gender perspective, because it would be creative, not integrative, and this corresponds to the legislator.

The dissenting opinion, highlighting humanizing jurisprudence, and applying the gender and disability perspective, as well as the international principle of due diligence (art. 9.2 EC), reaches another conviction, highlighting that the applicant has the legal obligation to provide care and food to his disabled sister.