Equality is one of the higher values of the legal system established by the Spanish Constitution of 1978. Moreover, Article 10 states that

Provisions relating to fundamental rights and freedoms recognised by the Constitution shall be interpreted pursuant to the Universal Declaration on Human Rights and the relevant international treaties and agreements ratified by Spain.

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.

Law 62/2003 establishes a Council for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin. Royal Decree 1262/2007 (modified by Royal Decree 1044/2009) regulates the composition, competences and regulations for the council. The council has the following characteristics: it is attached to the Ministry of Equality; it is a collegiate Spanish governmental body; and its functions include the three functions described in Article 13.2 of the directive.