The one who was the first woman to preside over a Chamber of the Supreme Court does not believe that the judges apply the ‘only yes is yes’ with a macho spirit “or ill will”
The magistrate of the constitutional Court Maria Luisa Segoviano was the first woman to preside over a Chamber of the Supreme Court -that of the Social- and is one of the greatest exponents in gender perspective app in our country, something that he left on record in numerous sentences that he signed as a speaker and that have been pioneers in the matter. From this authority she has valued this Thursday the most current regulations, such as the draft parity law that establishes a quota of 40 percent of female participation in public and private management bodies.
“It has always been discussed whether or not the quota system is correct and perhaps not ideal, but there are no reasonable alternatives either and it has been shown to be quite effective“This is how the magistrate, who entered the Constitutional Court after the last and controversial (in political terms and delay in appointments) renewal of the body, has stated. Her words have been heard by a specialized audience, made up above all of jurists summoned by the Madrid Bar Association, as well as by their partner from the progressive sector of the body Immaculate Montalban.
Segoviano recalled that the iestablishment of joint electoral lists It has allowed for a broad representation of women in Congress today, something that is not reflected in the Senate, where the election of its members is by name. “Everything that is tried to achieve this equality is always positive.”has concluded on the latest law promoted by the Government of Pedro Sánchez.
“Only yes is yes”
The magistrate has also been asked about the accusation of judges who are decreeing reductions in sentences for sexual offenders in application of the so-called “only yes is yes” law by the Minister of Equality, Irene Montero, and other members of your department.
Segoviano has declined to assess how he personally received these words and has limited himself to answering that “the interpretation of the laws is something very complicated” because there is always room for different interpretations. “In the end the Supreme Court comes and indicates which one it understands should be applied,” He has stressed on this point, to add that he does not believe that the application of this law “I believe that nobody does it with a macho spirit or ill will.”
“Discrimination”
Throughout her speech, the magistrate referred to the gender perspective as “absolute absence of discrimination”, and he has alluded to the need for the concept of equal treatment and opportunities to permeate all judicial decisions. The need stems, in his opinion, from our own cultural heritage, since we live in a patriarchal society, the result of Greco-Roman culture among others.
“But regulatory instruments are not enough because reality is stubborn and shows us manifestations of inequality“, he underlined, giving as examples the existence of the wage gap and other realities that end up being raised before the judges. For this reason, he has highlighted the importance of article 4 of the law of effective equality of women and men of 2007, which establishes that equal treatment and opportunities is a informative principle of the legal system and, as such, it must be observed in all interpretation and application of legal norms.
This principle is the one that Segoviano has applied to his presentations in the high court, and now it will continue to respect the guarantee body. Among its most outstanding resolutions, the one that allowed a worker who wanted to retire early to have the time spent in social service as a contribution (by equaling this period to the military service that did benefit men), the declaration of occupational disease for certain ailments suffered by cleaners or the declaration of discrimination “by association” to the group of beneficiaries of the Mandatory Old Age and Disability Insurance (SOVI) regarding the pension in favor of family members.