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European Observer on fundamental right's respect

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Case Law STC 92/2014 (10/06/2014)

Type: Judgment

Authority: National Courts: Supreme Courts (Spain) - Tribunal Constitucional

Date: 06/10/2014

Subject: The Tribunal Constitucional in the light of its own precedents and of the jurisprudence of the Court of Strasbourg, stated the legitimacy of the measures adopted on the basis of the Ley General de la Seguridad Social (afterwards modified), which did not allow the extension of the right to survivor’s pension to unmarried couples: in particular, the Court rejected the claims for the violation of the principle of equality and non-discrimination and also based on the impossibility for homosexual couples to get married when the said right was denied

Parties: El Pleno del Tribunal Constitucional

Original language: Spanish

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security

Text download Spanish