La igualdad entre hombres y mujeres en la Constitución española de 1978

Abstract

This article analyses the concept of gender equality within the current Spanish legal and constitutional frame. By way of introduction, various examples of actual�and contemporary � situations of inequality are given. Next, a concise historical account of the legal situation of equality in Spain is presented, focusing on the last two centuries, and in particular, on the advances achieved with the Constitution of 1931 and the regression caused by the policy of the Franco regime. Then, the article focuses on the study of the legal concept of equality in our Constitution. For this, it refers to a wide range of constitutional court decisions, which facilitate comprehension of the main issues. Through this constitutional doctrine, it is possible to advance in the study of discrimination, the legal treatment of each different case, and the measures of affirmative action. The article ends with a brief summary of the legislative advances in equality issues during the current legislative period in Spain.