New approaches to positive action. The examples of the integrated Act against Gender Violence and the Equality Act debated.

Abstract

«Ley integral contra la violencia de género» and «Ley de Igualdad» are both examples of the last evolution in the concept of affirmative actions: a juridical concept, used with extremely caution because is built through the introduction of normative differences, which are generally excluded by the constitutional clauses of non discrimination. These Laws are created in order to remove the discrimination suffered by women, but are submitted to a strict constitutional control. This paper is based on the control applied by the Spanish Constitutional Tribunal over these two paradigmatic Laws, and analyzes new legislative policies for Equal Treatment as new forms of public social intervention and further development in the concept of affirmative action as a public policy tool.