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European Equality Law Network

European network of legal experts in gender equality and non-discrimination

Legal developments

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

Date: 22 May 2018. Topics

Reports on activities undertaken in previous years by the two institutions holding competences in relation to equality and non-discrimination

Judgment of the Labour Court which recognises for the first time that the consequences of a cancer can, in certain circumstances, be constitutive of a disability which compels the employer to provide for reasonable accommodation

The responsibility of the manager to guarantee a working environment without harassment because of ethnic origin

National legislation permitting the dismissal of an employee by reason of absences from work resulting from illnesses linked to his disability produce indirect discrimination

Discriminatory treatment of family members of third country national in the field of social protection

Permissibility of head scarf worn by trainee lawyer

Legality of ‘solutions of equivalent effect’ implemented in derogation to the obligation to ensure accessibility to persons with disability of newly built housing

Date: 27 March 2018. Topics

New powers of enforcement for the Labour Inspectorate in employment matters

Gender equality, gender pay gap, parental leave, labour market participation

Date: 13 March 2018. Topics

Victims of gender based violence, protection of victims of harassment and sexual harassment, maternity, support for family caregivers

Statutory discrimination on the ground of nationality, i.e. indirect discrimination on the ground of origin, throughout the claimants’ career

Criminal liability of a Mayor for refusal to register Roma children in elementary school

Persons with disability are hampered in their access to vote based on obsolete legislation

Date: 6 March 2018. Topics

Since 2013 the Government has promised to take radical steps in order to eliminate the gender pay gap. This has resulted in a tool to measure the gap which has been made publicly accessible to all employers

Date: 6 March 2018. Topics

Unsuccessful application for employment, despite relevant and applicable positive action measures for Roma

The Court of Appeals in Gdańsk has ordered the owner of a restaurant to pay 2.000,- PLZ (EUR 250) in damages, for discriminating a breastfeeding mother.

Federal Constitutional Court decision on gender identity

Date: 28 February 2018. Topics

Newly elected state parliament of North Rhine-Westfalia withdraws innovative quota regulation for the civil service

Date: 28 February 2018. Topics

Estonia ratified the Istanbul Convention on 20 September 2017

Court decision on equal opportunity commissioners

Date: 28 February 2018. Topics

New Act on Protection against Domestic Violence adopted and entered into force

Whether the subsidiary of the municipality discriminated against the LGBTQ Sport Club on the basis of its members’ sexual orientation and gender identity

Judgment by the Administrative High Court on less favourable treatment of an employee because of parental leave

Date: 5 February 2018. Topics

Ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention)

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