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Material scope

The material scope of the prohibition of discrimination is of a general nature. All the fields mentioned by Directives 2000/43 and 2000/78 are covered by the general principle of equality laid down in Article 14 of the Spanish Constitution. Besides gender, racial or ethnic origin, religion or beliefs, disability, age, and sexual orientation, other grounds are expressly mentioned in Spanish laws: marital status; origin; social condition; political ideas; ideology; affiliation to a union; language within the State of Spain; and family ties with other workers in the enterprise.

In some fields, especially employment, such as access to employment including selection criteria, recruitment conditions and promotion, vocational guidance and vocational training, working conditions and membership of and involvement in workers’ or employers’ organisations, discrimination is expressly prohibited by current law, in both the public and private sectors.

In fields such as social protection and social advantages, education and access to it and the supply of goods and services available to the public, including housing, the applicable regulations do not usually contain explicit anti-discrimination clauses, but they are subject to the general principle stated in the Constitution. Law 62/2003 establishes anti-discrimination measures in these fields, but only for discrimination on the grounds of racial or ethnic origin.

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