Indirect discrimination vs. sustainability of the system. The impossible voluntary early retirement of domestic workers

Commentary on the judgment of the Court of Justice of the European Union of January 21, 2021, case C-843/19

Abstract

The Court of Justice of the European Union considers that there is no indirect discrimination by requiring that voluntary early retirement is limited to people as pensions are higher than the guaranteed minimum, despite the fact that statistically the most affected are women. It is the first time that –analyzing a Spanish Social Security standard– it considers that there is no indirect discrimination because there is an objective pursued by the application of said provision, criterion or practice that is objectively justified; an objective that in this case is the sustainability of the pensions. Voluntary early retirement is prevented for domestic workers, which would have to be compensated by allowing their retirement as a group that performs arduous work.