Spain

COVID-19 measures with an impact on gender equality

The Spanish Constitutional Court 91/2019, applies in a judgement of 3 July 2019, the ruling issued by the CJEU in the Villar Laiz case but limits its application only to future matters

The Supreme Court of Spain has ruled in favour of an affirmative action by a university to grant senior professor positions to departments that have a lower percentage of women in these positions

The Constitutional Court has established that children with sufficient maturity and who are in a stable situation of transsexuality can request their change of sex and name in the civil registry. 

The ruling of the Supreme Court of 21 of June 2019, appeal number 396/2019, states that sexual assault in which the victim did not expressly opposed to the offenders given the intimidating situation must be qualified as rape (and not as simple sexual abuse)

The ultra-right party "Vox" adopts as one of its first measures in the Andalusian Parliament the inquiry about the qualification of specialists in gender violence contracted by the Andalusian Government

Spain´s Government approves a Decree on gender equality between women and men in employment and occupation

The judgment of the National Court of 19 November 2018 annulled the statutes of a sex workers’ union arguing that prostitution cannot be considered a job and that, therefore, whoever exercises it cannot rely on the freedom of association to create a union

Law 6/2018, of 3 July 2018 (Final Disposition 38) has extended the paternity leave from four weeks to five weeks and has allowed the possibility to take the paternity leave in two parts.

Royal Decree 950/2018, of 27 July 2018, has applied the judgment of the CJEU of 9 November 2017, C-98/15 (Espadas Recio Case) and has, accordingly, modified the social security legislation so part-time workers have the right to the unemployment benefit taking into consideration the days that they have contributed to the social security system, and not only the days that they have effectively worked.

A new bill on equal pay between women and men was registered in the Congress of Deputies on 24 October 2017. On 22 February 2018 the bill has been submitted by the Congress and it will be discussed over the next months

The Provincial Court of Navarra has ruled that sex without consent is not rape but sexual abuse, unless express and clear violence and intimidation has taken place

Gender-based violence

New social security benefits for self-employed workers with family responsibilities

Women on non-executive company boards

With its judgement of 4 April 2017, the Supreme Court has recognized the right of a female worker to be reinstated in her job after being unfairly dismissed while she was undergoing fertility treatment, even though she was not yet pregnant. This Supreme Court case resembles the judgment of the CJEU of 26 February 2008 (Mayr Case).