30 Aug 08 A JUDGMENT OF THE TSJ OF THE CANARY ISLANDS DECLARES THAT “IT IS THE OBLIGATION OF EVERY JURISDICTIONAL BODY TO INTEGRATE THE GENDER PERSPECTIVE”
A judgment of the Supreme Court of the Canary Islands declares that “it is the obligation of all jurisdictional bodies to integrate the gender perspective”
The aim is not to censor that women earn less than men for the same job, but to prohibit that there are more men who have a higher category than women.
This sentence is striking because it is one of the first times that the so-called “gender perspective” passes from the political plane and the major declarations to the judicial instance.
The judgment of first instance declares that there is discrimination based on sex, which violates art. 14 of the Spanish Constitution. The judge declares the unfair behavior of the defendant company not only because of the existence of wage inequality between men and women with the same job, but also because there are more men who have a higher job category than women. This would constitute an indirect salary discrimination because by using discriminatory and sexist hiring criteria, it grants better positions to men and, therefore, better salaries.