The principle of equality is one of the fundamental principles of the modern Spanish legal order. Article 14 of the 1978 Constitution enshrines the equality of all citizens before the law and provides for a general prohibition on discrimination. The interpretation of Article 14 has given rise to a considerable body of case-law in the field of employment. While the Constitutional Court has perhaps been excessively reluctant to use the constitutional power to strike down legislation in this context, it has used Article 14 in a creative way to extend the role of human rights within the employment relationship, tackle control covert forms of discrimination, and address the structural and historical sources of group disadvantage.
International Journal of Comparative Labour Law and Industrial Relations