The Labor and Social Security Legislation Commission received, from the three lobbying legislators, a draft resolution requesting the Executive Branch to modify article 14 of Law No. 18,395, which refers to the “Flexibility of the regime access to retirement benefits.
The deputies who presented the project argued that this proposal “has originated in the reasonable concern of the Foundation for the development and support of People with Autism Spectrum Disorder (FUNDATEA), who highlighted the existence of inequalities at the level of social security in our country, since men, fathers of children with disabilities, are not included in the rights or benefits regulated by article 14 of Law No. 18,395”.
Therefore, according to its authors, this draft resolution seeks to remedy said inequality, modifying said article, so that each male father has one more year -in order to count the pension accumulation- for each child with a disability.
They explain that article No. 14 of said law would be worded as follows: “For the purposes of calculating years of service referred to in Law No. 16,713, of September 3, 1995, women will have the right to compute one year additional services for each child born alive or for each child they have adopted while the latter is minor or disabled, with a total maximum of five years.
In the case of men, the same benefit will be granted when they have a disabled child in their care. In all cases, the services computed fictitiously in accordance with the provisions of this article, will be considered ordinary (article No. 36 of Law No. 16,713, of September 3, 1995) and may not be used to reform any retirement certificate.
The paradigm has changed, women are no longer the “caretakers” of the home and children and have started to work and provide for the home in the same way as men. Today women and men are on an equal footing, both caring for and providing for the family, because both the mother and the father play a fundamental role in the upbringing and development of their children, the distinction between women and men of the The old paradigm has inevitably fallen into decline and both parents are equal in terms of caring for their children (Sebastian Cal, Álvaro Perrone and Silvana Pérez Bonavita stated in the substantiation of reasons).
“That is why a change in the social security legislation is necessary, and this modification has no other basis than the principle of equality that governs our Republic, said principle does not admit exceptions. In short, today, social security systems must be reviewed in order to accommodate the natural social change that occurs with the passage of time, this means equal treatment for men and women in the same or similar situations. These special considerations must be translated into benefits in social security, ”adds the explanatory statement, to which Diario La R had access.
For all of the above, the deputies expressed, the current article 14 of Law No. 18,395, violates the principle of equality enshrined in our Law, for which “it is necessary to modify it as suggested by this draft resolution, and whose spirit is to match social change, achieving a more just, supportive and egalitarian social security system”.
