The gender perspective as a driver of change towards a more fair and equal society in the field of labour relations and social protection

Abstract

Real equality between women and men remains one of the great challenges of the 21st century in all areas of social, political, and economic life. From this observation, the gender perspective should not be considered merely an ideological construct, but rather a methodology to be taken into account both in the process of legal creation and in the subsequent interpretation and application of the rules. This paper explains the advances made from a gender perspective in the recognition of labor and welfare rights, highlighting the room for improvement that lawmakers still have in this area. It then critically addresses how this analytical methodology is being integrated into the rulings of the social jurisdiction, particularly those of the Supreme Court. The conclusion is that, to achieve full equality between women and men in labor and social security matters, it is necessary, among other measures, to legislate and judge with a gender perspective, without complexes and with the will to reverse the situations of inequality still suffered by women, while ensuring that this is done in respect of the principle of separation of powers and without resorting to interpretative excesses that undermine the great value of this hermeneutical tool.