EL PRINCIPIO CONSTITUCIONAL DE NO DISCRIMINACIÓN BASADA EN EL SEXO Y LA NUEVA LEY DE PROTECCIÓN INTEGRAL CONTRA LA VIOLENCIA DE GÉNERO

Abstract

This work analyses the so-called “violence against women” or “gender violence” as a specific kind of violence: an example of discrimination based on sex; with both an ideological root in sexism and a structural character. The article emphasises that in the struggle against it an integrated focus, such as that adopted by Organic Law 1/2004, is necessary. This law is then examined from the constitutional principle of non-discrimination based on sex and it is argued that in general terms, the legally differentiated treatments accorded to men and women under this law is justified by the aim pursued. Moreover, these legal treatments established in the fields of social, employment and legal rights meet the parameter of proportionality. Furthermore, these qualified types of criminal conduct that demand an additional ground for aggravation (the discriminatory character of the conduct) can be brought within the provisions of the Constitution.