DISCRIMINATION AND EQUALITY. THE REMEDIAL PERSPECTIVE OF EQUALITY IN SPAIN AND IN THE EUROPEAN UNION

Abstract

ABSTRACT: Many different versions of equality have been proposed and defended, but they can be organized around the emphasis that they give to three different perspectives: historical, economic, and remedial. The remedial perspectives expands on the historical perspective to consider the continuing effects of past discrimination. This perspective is most frequently invoked to justify programs of affirmative action. Here we focus on the programs of affirmative action in Spain in the last years within the legal framework of the European Union. I examine wether affirmative action measures, particularly quotas, violate the principle of equality. KEY WORDS: DISCRIMINATION – EQUALITY – REMEDIAL PERSPECTIVE – AFFIRMATIVE ACTION -  IMPLEMENTATION – SPANISH CONSTITUTION – EUROPEAN UNION -