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Women and the cost of transition to democratic constitutionalism in Spain

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Chapter Summary

The Spanish constitution has played a central role in consolidating Spain as a modern democracy within the larger European context. The statement that, for women, the reception of liberal democratic constitutionalism entails progress has certainly proven true in Spain. In few areas one can observe the transformation that Spain has undergone better than in the changes women have experienced under the new constitutional order. This chapter focuses on the interesting cases that the court decided mostly during its first decade (1981–91). In March 1980, the new Labour Code came to implement the constitutional non-discrimination principle specifically proscribing sex discrimination at work. The theme that underlies the chapter is clearly another key transitional issue, namely the distribution of the costs entailed by the process of structural social transformations under a new democratic regime which claims legitimacy on the grounds of the greater inclusion of formerly oppressed groups.

Keywords: non-discrimination principle; Spanish constitution; structural social transformation



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