Spain – Constitutional ruling on discrimination on grounds of gender identity
In its judgment 67/2022, of 2 July 2022,1 the Spanish Constitutional Court has ruled
for the first time in a case of employment discrimination based on gender identity. The
case, which came to court as an appeal for the protection of fundamental rights (recurso de amparo), analyses the dismissal of a transgender person. Although in the end the dismissal was not considered to be based on the gender identity of the worker, the ruling establishes important points for the Spanish doctrine of antidiscrimination law.
Applicable Law: Article 21 TFEU, Article 14 ECHR, Article 14 Spanish Constitution
International and Comparative SOGIESC Law - Professor Andreas R Ziegler 