Three Courts, Three Faces of Non-Discrimination

The principle of non-discrimination has undergone a formidable evolution, both in its scope and in its interpretation and application. We offer three views of the prohibition of discrimination from some recent cases decided by three courts at different levels:
a) The ECJ, which in recent years has issued several preliminary rulings on non-discrimination between men and women in matters of social security, where the Court has found the Spanish legislation to be contrary to the Directives as it resulted in an indirect discrimination on grounds of sex.
b) The ECtHR, which has recently been applying a strict control of the prohibition of discrimination on the grounds of disability, limiting the State’s margin of appreciation and promoting a policy of full inclusion.
c) The Spanish Constitutional Court has incorporated both the doctrine of indirect discrimination and the assessment of discriminatory treatment based on disability, although their rulings have not been without controversy.