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European Observer on fundamental right's respect

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Case Law 13/02/2006 (13/02/2007)

Type: Judgment

Authority: National Courts: Supreme Courts (Spain) - Tribunal Constitucional

Date: 02/13/2007

Subject: If there are any evidences that the reason of dismissal is the worker's sexual orientation (in this case he was gay), the employer's dismissal violates the fundamental right to non discrimination established in the Spanish Constitution, asserted in the EU Treaties and in the Community norms, in the Charter of Nice and in other international norms.

Original language: Spanish

Classification: Art. 20 Equality - Art. 21 Non discrimination - Art. 30 Protection against unjustified dismissal

Text download Spanish

Notices: Effectiveness of the Charter
The decision uses the case-law of the two European Courts with regard to non discrimination and the Charter of Nice