Court Rules Against Insurer in Landmark Maritime Maternity Rights Case

A recent court ruling in Santa Cruz de Tenerife has set a major precedent for maternity rights in the maritime industry. A social court judge ruled in favor of a deck officer who sued her insurance provider, Mutua Universal, after they unfairly denied her benefits for breastfeeding.

The dispute began in 2024 when the officer, having returned from maternity leave, requested support because her role on a passenger ship could not be adapted to allow for breastfeeding. Although Mutua Universal initially confirmed that her working conditions were unsuitable for a nursing mother, they reversed their decision just 48 hours later, citing theoretical criteria that ignored the practical realities of life at sea. The court labeled this reversal a "profound contradiction," noting that the shipping company had already admitted the position was incompatible with breastfeeding.

In August 2025, the court ordered the insurance company to pay the officer 21,970.97 euros in damages. The judge concluded that the denial of benefits had effectively forced the mother to stop breastfeeding, causing her significant emotional distress.

The ruling emphasizes that risk assessments in the maritime sector must look beyond just chemical or physical hazards. The judge argued that the "architecture of work"—such as the lack of private spaces to pump and store milk, combined with the rigid nature of long shifts at sea—constitutes an occupational risk that must be covered.

This decision clarifies the responsibilities of insurance companies that work with Social Security, reminding them that they have a duty to thoroughly evaluate the actual work environment rather than relying on standardized checklists. Silvia Afonso Marichal, the attorney representing the officer, noted that this case forces companies and insurers to move away from "one-size-fits-all" policies and instead conduct a realistic analysis of working conditions.

While other entities involved in the case were acquitted, the court placed full responsibility on the insurance provider. The ruling serves as a clear message: if a job’s organizational structure makes breastfeeding impossible, that risk must be protected, regardless of whether the hazard is biological or simply a matter of workplace design. Ultimately, the court has prioritized the practical reality of working mothers over administrative red tape.