Equality

Law 15/2022, for equality and non-discrimination

On July 12, a new law came into force to promote equal treatment and eradicate discrimination in Spain, thus guaranteeing a space (both at the public and private level) of respect for the dignity of individuals.

How does it affect?

1. Creation of Law 15/2022, of July 12, 2002, on equal treatment and non-discrimination.

2. Organic Law 6/2022, of July 12, supplementary to Law 15/2022, of July 12, on equal treatment and non-discrimination, amending Organic Law 10/1995, of November 23, 1995, of the Criminal Code.

3. Article 22, on aggravating circumstances, is amended in its exception 4.a, as well as points 1 and 2 of Article 510, on crimes related to the exercise of fundamental rights and public freedoms.

 

Purpose of the new law:

The purpose of this Law 15/2022 is to prevent and eradicate any form of discrimination and to protect victims, attempting to combine prevention and redress. The following stand out from the norm:

  • The express incorporation of disease or health condition, serological status and/or genetic predisposition to suffer pathologies and disorders, sexual identity, gender expression, language and socioeconomic status as grounds for discrimination.
  • Areas in which the law applies:
    • Employment, both employed and self-employed, which includes access, working conditions, including remuneration and dismissal, professional promotion and job training.
    • Access, promotion, working conditions and training in public employment; membership and participation in trade union, business, professional and social or economic interest organizations.
    • Health care; social protection, benefits and social services; or artificial intelligence and massive data management.

 

Among the guarantees and measures of protection and redress against discrimination, the presumption of the existence of moral damage when discrimination is proven and the guidelines to be followed for its assessment (circumstances of the case, concurrence or interaction of various causes of discrimination and seriousness of the injury actually produced, for which purpose the dissemination or audience of the media through which it occurred will be taken into account).

 

From Feliu N&I, thanks to our experts in the field, we will inform and advise you about the new Law for equality and non-discrimination, how it can affect your company or you.

 

 

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