Occupational disease and gender issue. Does Royal Decree 1299/2006 comply with the principle of equal treatment for men and women? In line with the doctrine of the Supreme Court on occupational diseases caused by women

Abstract

Does Royal Decree 1299/2006 comply with the principle of equal treatment between men and women, imposed by Organic Law 3/2007 on effective equality? Royal Decree 1299/2006, prior to the aforementioned Organic Law, was born when Directive 79/7/EEC of the Council, of 19 December 1978, on the progressive application of the principle of equal treatment between men and women in matters of social security, and Directive 2006/54/EC of the European Parliament and of the Council, of 5 July 2006, on the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, they were part of our legal system. A reading of the list of occupational diseases, related to the current doctrine of the Supreme Court regarding the determination of contingency for professions not included in the list, leads us to conclude that effective equality is still far from being real.