Spain - 2012
Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?
- Code:
- RED2
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Racism, Discrimination
| Short Answer |
Yes, in the same terms as defined in Race and Employment Directives. |
| Qualitative Info |
The Law 62/2003 of december 30th defines direct and direct discrimination: when one person will be trated in a less favourable way than another in an analougs situation for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons" And indirect discrimination takes place "when a legal disposition, a conventional or regulatory clause, an individual agreement or an unilateral decision, which are apparently neutral, can eventually create a disadvantage for one person with respect to the others for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons. Taking into account that the latter do not obbey a legitimate reason, and that the means used to achieve this objective are not the adequate and necessary ones. This law defines harassment as "any not desired behaviour related with racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons that intend to attempt on a person's dignity and create a threatening, humilliating and ofensive atmosphere". |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers |
| Type (R/D) | |
| Key socio-economic / Institutional Areas | Policing - law enforcement, Anti-discrimination, Anti-racism |
| External Url | http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf |
| Situation(s) |
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| Library |
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