The (invisible) difference that hurts: over-representation of women in fibromyalgia and migraines, judicial underestimation of their incapacity for work

Regarding the Rulings of the High Courts of Galicia 3751/2021, of 8 October, and Castilla-La Mancha 1512/2021, of 8 October

Abstract

Certain diseases that have a non-occupational cause, such as migraines or fibromyalgia, affect women in a prevalent way. However, neither the entity that manages pensions for permanent disability nor the courts grant sufficient recognition of benefits to this type of situation, which is very painful and highly disabling in reality. The result is a significant gender gap in this branch of social protection, a new pejorative difference for women that is especially serious, because the psychophysical pain is compounded by the lack of understanding and lack of social protection. This comment makes a profound review of the most recent Spanish judicial doctrine on this significant legal-social question.