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What it is

Proposed law to protect everyone against discrimination

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 19 July 2019. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill on the comprehensive law for equal treatment and non-discrimination.

Source: Congreso de los Diputados, file 122/000036· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would guarantee everyone's right to equal treatment and non-discrimination, on grounds such as racial or ethnic origin, sex, age, disability, sexual orientation, gender identity or expression, illness, or socioeconomic status, among others.
  2. The protection would cover many areas of life: employment, education, health care, social services, access to goods and services, housing rentals, places open to the public, and advertising and the media.
  3. The text defines in detail what counts as discrimination: direct and indirect, by association, by error, multiple and intersectional, discriminatory harassment, retaliation, and denial of reasonable accommodations to people with disabilities.
  4. Victims could ask the courts to stop the discrimination, declare discriminatory acts null, and receive compensation for material and moral damages. Unions and human rights organizations could also defend affected people in court, with their authorization.
  5. If the person reporting discrimination provides well-founded evidence, the defendant would have to give an objective and reasonable justification showing their conduct was not discriminatory.
  6. The bill would create the Authority for Equal Treatment and Non-Discrimination, an independent, single-person body that would advise victims, investigate serious cases, mediate between parties, and bring legal actions.
  7. It would establish a sanction system with fines from €300 to €500,000 depending on whether the offense is minor, serious, or very serious. In very serious cases, additional penalties could apply, such as closing the establishment or suspending the activity for up to five years.
  8. Public authorities would have to approve a State Strategy for Equal Treatment and Non-Discrimination, renewed every four years, and collect data and statistics on discrimination to design better policies.

Who it affects

  • Anyone who suffers discrimination: Could turn to the new Authority and the courts to stop the discrimination and seek compensation.
  • People with disabilities: Denial of reasonable accommodations would count as direct discrimination.
  • Businesses, landlords, and places open to the public: Could not discriminate when hiring, renting out housing, or admitting customers, and would risk fines if they do.
  • Unions and human rights organizations: Could defend affected people in court and administrative proceedings, with their authorization.

Words worth knowing

Discriminación interseccional (intersectional discrimination)
When several grounds of discrimination (for example, sex and ethnic origin) come together and create a specific form of discrimination.
Ajustes razonables (reasonable accommodations)
Necessary changes to the physical or social environment so people with disabilities can exercise their rights on equal terms, as long as they do not impose a disproportionate burden.
Acción positiva (positive action)
Different treatment aimed at preventing or compensating a group's discrimination or disadvantage, while that situation lasts.
Carga de la prueba (burden of proof)
The duty to prove the facts claimed. Here, if the person reporting provides evidence of discrimination, the other party must justify their conduct.
Legitimación (standing)
The right of a person or organization to go to court or a proceeding to defend a right.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced19 July 2019Someone registers the text in the Congreso.
  2. Admitted25 July 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Jul 2019Aug 201911. 19 July 2019: Presentación22. 25 July 2019: Boletín Oficial de las Cortes Generales Publicación desde 25/07/2019 hasta 30/07/201933. 25 July 2019: Calificación44. 30 July 2019: Gobierno Contestación desde 30/07/2019 hasta 30/08/201955. 30 August 2019: Pleno Toma en consideración desde 30/08/2019 hasta 24/09/201966. 24 September 2019: Concluido - (Caducado) desde 24/09/2019 hasta 23/10/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.