Household matters that (some) 'male-judge' types insist on teaching women: Mansplaining for co-responsible conciliation?

Regarding the Ruling of the High Court of Justice of the Canary Islands/Las Palmas, 359/2025, dated February 27th

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DOI:

https://doi.org/10.51302/rtss.2025.24439

Keywords:

reasonable work accommodation, conciliation rights, co-responsibility, mansplaining, equality, non-discrimination, gender perspective

Abstract

The right to work adaptation for reasons of work-life balance under Article 34.8 of the Workers' Statute and Article 9 of Directive 2019/1158 is a concretization of the more general legal principle, also inherent in European Union social law, of work adaptation for reasons of flexible management favorable to the worker. Despite having a long tradition in Spanish law, this balancing act continues to generate significant controversies within companies, increasing judicial litigation. This commentary critically analyzes a judgment that such balancing conditions act between the needs of work-life balance and business organizational needs on the couple's obligation to share caregiving tasks, based on mandatory co-responsibility. Therefore, overstepping its bounds, the Court transforms an individual right into one of the family units, thereby also invading the worker's private life, protected under Article 18 of the Spanish Constitution in conjunction with Article 8 of the European Convention on Human Rights.

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Published

2025-04-24 — Updated on 2025-05-07

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How to Cite

Molina Navarrete, C. (2025). Household matters that (some) ’male-judge’ types insist on teaching women: Mansplaining for co-responsible conciliation? Regarding the Ruling of the High Court of Justice of the Canary Islands/Las Palmas, 359/2025, dated February 27th. Revista De Trabajo Y Seguridad Social. CEF, (486), 211–223. https://doi.org/10.51302/rtss.2025.24439 (Original work published April 24, 2025)

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