García Mateos v. Spain - 38285/09 - Legal Summary [2013] ECHR 395 (19 February 2013)

García Mateos v. Spain - 38285/09 - Legal Summary [2013] ECHR 395 (19 February 2013)

The failure to enforce the Constitutional Court's judgment acknowledging gender discrimination rendered the protection provided by the upholding of the amparo complaint illusory, constituting a violation of Article 14 in conjunction with Article 6 § 1.

Citation
[2013] ECHR 395
Parties
Applicant: García Mateos; Respondent: Spain
Jurisdiction
European Union
Judgment Date
19 February 2013
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation found (unanimously)
Legal Topics
Gender Discrimination, Right to Fair Trial, Enforcement of Judgments, Work Life Balance
Human Rights Law Labour Law Gender Discrimination Right to Fair Trial Enforcement of Judgments Work Life Balance

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Parties

García Mateos

Applicant

Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the failure to enforce a judgment acknowledging gender discrimination constitutes a violation of Article 14 in conjunction with Article 6 § 1 of the European Convention on Human Rights

Ratio Decidendi

The failure to enforce the Constitutional Court's judgment acknowledging gender discrimination rendered the protection provided by the upholding of the amparo complaint illusory, constituting a violation of Article 14 in conjunction with Article 6 § 1.

Court Disposition

Violation found (unanimously)

Orders

  • EUR 16,000 awarded in respect of non-pecuniary damage