At a glance
- The Spanish Constitutional Court dismissed an appeal against Law 15/2022, which mandates gender perspective in interpreting laws and regulations.
- The Court ruled that implementing a gender perspective promotes equality and respects constitutional values, without imposing any ideological orientation.
- The Court also upheld limits during the hiring processes, asserting that the law pursues a legitimate objective in a proportionate manner, even if it limits contractual freedom.
The majority of the Spanish Constitutional Court dismissed an appeal based on unconstitutionality which was filed by more than fifty members of the Spanish Parliament against Law 15/2022 of 12 July on equal treatment and non-discrimination (Law).
The Law established that courts, public administrations and companies are required to interpret the provisions of any existing law or regulation from the gender point of view, in a methodological approach to any decision. The Court’s ruling rejects the argument that the progressive implementation of the gender perspective as a methodological approach and interpretative criterion aimed at promoting equality between women and men is against the Spanish constitutional principle on equal treatment and ideological freedom, as it does not impose any ideological orientation, but, on the contrary, promotes progress in respect for constitutional values.
The challenge was also dismissed in relation to the limits established during the hiring process, on the basis that individuals are also obliged to respect fundamental rights, and the law pursues a legitimate objective in a proportionate manner, allowing this to limit the contractual freedom of the parties.
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