¿Es discriminatorio denegar el acceso a la incapacidad permanente a una persona con discapacidad jubilada anticipadamente?

Résumé

This paper analyses the STC 172/2021, of October 7, which addresses an issue related to the right to equality and non-discrimination of people with disabilities on which the High Court had not had the opportunity, until that moment, to establish doctrine. The debate revolves around whether or not the denial of access to permanent disability should be considered discriminatory to a person with a disability, who accesses early retirement based on the right recognized in art. 206.2 TRLGSS (currently art. 2016 bis) and that involves advancing the moment of retirement at an earlier age than ordinary, considering, therefore, if it is possible to equate this assumption with respect to assumptions of early retirement due to extinction of the contract for reasons not attri-butable to the worker or, if on the contrary, such comparison is not possible, because we are fa-ced with different assumptions to which the regulations provided for each situation must apply.