Spain
Non-discrimination law | Ferran Camas Roda | This email address is being protected from spambots. You need JavaScript enabled to view it. |
Gender equality law | Dolores Morondo Taramundi | This email address is being protected from spambots. You need JavaScript enabled to view it. |
Legal developments
A new Organic Law of comprehensive guarantee of sexual freedom has been passed
The Spanish Constitutional Court has decided for the first time on a case of employment discrimination on grounds of gender identity
New Law
A labour court in the city of Bilbao has ruled that the Administration’s failure to take measures to adapt the workplace of a teacher with a physical disability is indirect discrimination on grounds of disability
Spain ratifies ILO Convention No 189 concerning Decent Work for Domestic Workers
The High Court of Justice of Andalusia has found that the failure of a company to reduce the salary of a worker close to the age of retirement does not constitute discrimination on grounds of age
The Supreme Court has annulled the age limits imposed on non-commissioned officers who, by promotion, wish to join the officer ranks of the General Corps and the Marine Corps
This conflict is primarily of a legal nature, namely, the interpretation of Spanish Social Security legislation in relation to whether a person who has taken early retirement due to disability is entitled to a permanent Severe Disability Pension. The Constitutional Court has analysed if denying a claimant this option amounts to discrimination on grounds of disability
On 18 November 2020, a Labour Court in Madrid ruled that a company had discriminated against 5 of its employees for dismissing them because they were over 50 years old
On 15 March 2021, the Constitutional Court analysed whether the Public Administration violated the right of one of its employees with Asperger syndrome to non-discrimination on grounds of disability. The claimant was penalised by the employer without taking his circumstances and request for reasonable adjustments at the workplace into account
On 25 January 2021, the Constitutional Court resolved an appeal filed by a Roma woman who considered she had been discriminated against on grounds of ethnicity due to the fact she had been denied a widow’s pension on the death of her husband
Maternity supplements to Social Security pensions
Equality in companies
Equal pay
Bill on legal capacity of people with disabilities
COVID-19 measures with an impact on gender equality
The Education Bill explicitly introduces equal treatment and non-discrimination based on sex, racial or ethnic origin, disability, age, illness, religion or belief, sexual orientation or gender identity
Nullification of Article 52(d) of the Workers’ Statute that had been qualified by the CJEU as contrary to Directive 2000/78/EC
The president of the new Spanish government (January 2020) announces in the Parliament legal projects in the field of equal treatment and non-discrimination
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
Country reports
Transposition and implementation at national level of Council Directives 2000/43 and 2000/78 - State of affairs 1 January 2022
How are EU rules transposed into national law? State of affairs 1 January 2022
Transposition and implementation at national level of Council Directives 2000/43 and 2000/78 - State of affairs 1 January 2021
How are EU rules transposed into national law? State of affairs 1 January 2021
How are EU rules transposed into national law? State of affairs 1 January 2020
State of affairs 1 January 2020
How are EU rules transposed into national law? State of affairs 1 January 2019
State of affairs 1 January 2019
State of affairs 1 January 2018
How are EU rules transposed into national law? State of affairs 1 January 2018
State of affairs 01 January 2017
How are EU rules transposed into national law? State of affairs 1 January 2017
State of affairs 01 January 2016
How are EU rules transposed into national law? State of affairs 1 January 2016
State of affairs 01 January 2015
How are EU rules transposed into national law? State of affairs 1 January 2015
Included in report: Gender Equality Law in 33 European Countries: How are EU rules transposed into national law in 2014?
State of affairs 01 January 2014
Included in report: Gender Equality Law in 33 European Countries: How are EU rules transposed into national law in 2013?
State of affairs 01 January 2013