The multilevel protection of equality and non-discrimination principles in Spain: a comparative analysis of the EU Charter of Fundamental Rights, the European Convention on Human Rights, the Spanish Constitution, and the Spanish Criminal Code

Abstract

This paper studies the equality and non-discrimination multilevel protection regimen within the framework of the following legal bodies: (i) the Charter of Fundamental Rights of the EU; (ii) The Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol 12; (iii) the Spanish Constitution of 1978 and the Spanish Criminal Code of 1995. The aim of the study is to define the scope of the equality and non-discrimination principles in the abovementioned legal documents. This article will demonstrate, whichever approach is followed (equality before the law; non-discrimination; cultural, religion and language diversity; equality between men and women; rights of the child; rights of the elderly; and the inclusion of people with disabilities), how by connecting the above-named treaties, an equality and non-discrimination multilevel protection solid regime could be constructed.