The high court, said that to do otherwise would be to discriminate against these minors compared to those born in two-parent families.

The Supreme Court supports extending the allowance from 16 to 26 weeks, but not just double, 32 (as single-parent families have sometimes claimed for 16 weeks for the mother and 16 for the father), because the Spanish norm obliges that of these 16 weeks, the first six are always expected on the part of both parents, so that both parents coincide. The real controversy is in the remaining 10 weeks, as children from a two-parent family will enjoy care for 20 more weeks after six obligatory (10 from the mother and 10 from the father), while those from a single parent family have only 10.

The judge criticises that currently there is nothing that justifies this discrimination and recalls that the European Conciliation Directive encourages member states to adapt parental permissions to families with a single parent. Therefore, we conclude that due to respect for the equality of minors and their superior interests, both concerns protected by the Constitution, discrimination against minors in single-parent families and these should enjoy double permission for their care after their birth should be avoided.

Furthermore, the magistrate reveals that social reality demonstrates that single-parent families are formed into an "overwhelming majority" by women.