Case law · Constitutional Court judgment 61/2026
Constitutional Court again protects birth-related rights in single-parent families
Judgment 61/2026 applies the Constitutional Court’s doctrine on unequal protection of children in single-parent families under birth-related leave rules. It annuls the decisions examined and returns the case to the INSS for a fresh decision respecting constitutional rights.
The scope of this case
The birth took place in 2021, under the legislation then applicable. The judgment does not automatically award sixteen additional weeks or itself determine leave for current births.
Any claim requires checking the birth date, applicable legislation and transitional rules. The full judgment is available through the official source.