Public policies and afirmative actions for the promotion of equality in Law 15/2022, of July 12, comprehensive for Equal Treatment and Non-Discrimination

Abstract

The article analyzes the public policies for the promotion of equal treatment and non-discrimination and the positive actions of Chapter II of Title II of Law 15/2022, of July 12, comprehensive on equal treatment and non-discrimination. This examination previously requires the creation of a constitutionally adequate theoretical framework that overcomes the liberal worldview of equality and assumes a dynamic interpretation of equality that includes its social dimension and incorporates positive actions as an extension of equality. The promotion of equality and the prohibition of discrimination thus becomes a general and positive duty of the state, which is fragmented into specific duties such as training, the preparation of studies and statistics or the collaboration and coordination of public powers with private powers and social organizations. This promotion of equality also reaches relations between individuals and its purpose is to move from the recognition of equal treatment and the prohibition of discrimination to the effective guarantee of the same.