Comprehensive Law for Effective Equality Between Women and Men in Spain
The full recognition of formal equality before the law, although it has behaved, without doubt, a deci-sive step, has proved inadequate. Gender violence, wage discrimination, discrimination in the widow’s pension tions, the highest female unemployment, the all-way low presence of women in positions of political responsibility, social, cultural and economic, or problems conciliation between personal life, work and family show how full equality, effective ones, between women and men, that “perfect equality admitting no power or privilege for a disability or other” in the words written by John Stuart Mill almost 140 years, is still a pending task that requires new legal instruments. It is necessary, in effect, a legal action aimed at combating all the subsystem still tent of discrimination, direct or indirect, on grounds of sex and promote real equality between women and men, with removal of barriers and stereotypes social that impede its achievement. This requirement stems from our constitutional system and integrates a genuine right of women, but is both an element of enrichment of society itself espa-nola, which would contribute to economic and employment growth. It also provides for special consideration in cases of double discrimination and difficulties in Single-ers who are women with particular vulnerabilities, such as those which they belong to minorities, migrant women and women with disabilities. III The greatest novelty of this law lies, however, in preventing such discriminatory behavior and prediction of active policies to implement the principle of equality. Such an option would imply a projection of the principle of equality on the various fields of management of the social, cultural and artistic as it may create or perpetuate the inequality. Hence the consideration of the transverse dimension of equality hallmark of the modern lawor anti-discrimination as a fundamental principle of this text. The Act relates to the generality of public policies in Spain, both state and regional-locals. And it does so under the constitutional power to the state of competition in the regulation of basic conditions guaranteeing the equality of all Spanish women and men in the exercise of constitutional rights, though it contains a more detailed regulation in those areas of competence, basic or full legislative state. The complexity stems from the horizontal scope of the principle of equality is also expressed in the structure of the Act It is engaged in its articles of general projection principle in different standard-setting areas, and specific in its provisions the corresponding additional sponding change in many different laws that are affected. Thus, the Act was created with the vocation of establishing itself as the law-code of equality between women and men. The overall policy management públicas, from the viewpoint of the principle of equality and gender perspective is reflected in the establishment of performance criteria for all public authorities in integrating actively express an operational mode, that principle and with specificity or sectoral guidelines are also incorporated for supportive policies such as equality in educational, health, artistic and cultural systems in the information society, rural development or housing, sports, culture, land or territory international cooperation for development. Basic instruments will, in this sense, in the area of General State Administration, a Strategic Plan for Equal Opportunities, the creation of an Interministerial Commission on Equality with coordination responsibilities, the gender impact assessment reports, as extending from mandatory legal norms to particular plans economic and social importance, and periodic reports or evaluations on the effectiveness ofhe principle of equality. It deserves also noted that the Act provides, in order to achieve that real effective equality between women and men, a general framework for the adoption of the so-Madas positive actions. It addresses, in this sense, all public authorities a mandate removal of inequality verifiable factual situations, no corre-gible for the single formulation of the principle of legal or formal equality. And as these actions could lead to the formulation of an unequal right for women, establishing precautions and condicionamien-ment to ensure its constitutional legality. Achieving real and effective equality in our society requires not only the commitment of public-cal subjects, but also its vigorous promotion within the orbit of the relationships between individuals. The regulation of access to goods and services is being addressed by the Act, combining the principles of freedom and autonomy to promoting equality between women and men. It was also felt appropriate to establish certainmeasures to promote equality actually present on private companies, such as those contained in hiring or public subsidies or in reference to the boards. Law gives special attention to correcting inequality in the specific field of labor relations. Through a series of forecasts, recognizes the right to reconcile personal, family and work, and encourages greater responsibility between women and men in the assumption of obligations fami-liar, principles underlying the rule that all respondents tran here the most significant realization. The Act aims to promote concrete actions for the equality in the workplace, aldolase situation under collective bargaining, the parties to be free and responsible, those agreements give their content. Within the same field of employment, but with its own characteristics, are reflected in the Law on specific measures and selection processes for the provision of jobswithin the General State Administration. And the projection of equality extends to the Security Forces and the Armed Forces. The concern about the extent of equality actually present on our society could not remain outside the scope of political participation, both at the state level and in regional and local levels, and in its projection of international politics cooperation for development. The principle called the Law of presence or com-balanced position, with which it is significant enough to ensure representation of both sexes in organs and positions of responsibility, takes well to the legislation regulating general elect-ral, opting for a formula with the flexibility to reconcile the requirements of Articles 9.2 and 14 of the Constitution to own the right to stand as included in Article 23 of the Constitution. Are assumed and the recent international texts on the subject and moves on the roadto ensure a balanced participation of women-and men in the field of political representation, with the objective of enhancing the quality of that representation and with it our own democracy. IV The Law is structured in a preliminary title, eight Ti-the thirty-one additional provisions, eleven transitional provisions, a repeal provision eight final provisions. The Preliminary Title defines the purpose and scope of the Act defines Title I, as directed by the directives, concepts and basic legal categories relating to equality, such as direct and indirect discrimination, sexual harassment and gender harassment, and affirmative action. It also determines the legal consequences of discriminatory conduct and incorporates safeguards to pro-ceed to strengthen judicial protection d