La discriminación por asociación a partir de su creación por el Tribunal de Justicia
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Universidade de Santiago de Compostela
info
ISSN: 2660-7360
Year of publication: 2024
Volume: 5
Issue: 1
Pages: 97-115
Type: Article
More publications in: Labos: Revista de Derecho del Trabajo y Protección Social
Abstract
From the Coleman judgment (C-303/06) onwards, the Court of Justice took a new look at Directive 2000/78/EC and anti-discrimination protection, which was subsequently joined by the CHEZ (C-83/14) and Hakelbracht (C-404/18) judgments. In these judgments, the Court of Justice extended discrimination protection also to persons who lacked the discriminatory characteristic to the area covered by Directives 2000/43/EC and 2006/54/EC. The development of discrimination by association has been unstoppable since then in Spanishlaw, through an enormous jurisprudential development in recent years and the recent Law 15/2022, of 12 July, integral for equal treatment and non-discrimination, which recognises and defines discrimination by association, along with other types of discrimination. However, there are still many challenges of a practical nature pending solution by the Spanish courts, guided by the doctrine of the Court of Justice.
Funding information
Funders
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Ministerio de Ciencia e Innovación
- PID2021-122254OB-I00
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European Regional Development Fund
- PID2021-122254OB-I00