Abstract

FIGUEROA BELLO, Aída. Theoretical approaches for equality in the spanish constitutional law. Cuest. Const. [online]. 2012, n.26, pp.123-167. ISSN 1405-9193.

This paper is an analysis of the notion of equality, revealing their three-dimensionality in the context of the Spanish constitutional theory, to be considered under three concepts: in principle, superior value and fundamental right. Added to this, focusing on the two sides classical equality: formal and material or substantial, both expressed in the constitutional articles 14 and 9o., 2o., respectively. And finally, looking at some notes on what has meant the rules adopted gender equality in Spain, particularly in regard to the Organic Law 3/2007 of 22 March for effective equality of women and men, and the new progress that has been implicated in the Spanish legislation, the Constitutional Court decision issued following the adoption of Law 01/2004 of 28 December on Integrated Protection Measures against Gender Violence, on the differential treatment between men and women in the criminal field, and finally, in the so-called electoral quotas, affirmative action measures designed to achieve parity democracy.

Keywords : Equality; three-dimensionality; formal equality; substantive equality; gender equality.

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