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Discriminación por razón de sexo en el acceso al empleo
| Content Provider | Semantic Scholar |
|---|---|
| Author | Pastor, María Amparo Ballester |
| Copyright Year | 1993 |
| Abstract | In its article 38, the Spanish Constitution recognizes the right to freedom of enterprise, which entails, not only the creation of entities with legal personality, but also the free disposal by entrepreneurs hire the staff they deem appropriate to achieve its economic goals. Similarly, articles 14 and 35.1 of the fundamental rule reflected the rights to equality and nondiscrimination on various grounds, as well as the right to employment under equal conditions without such access would be discriminatory manner based on sex. Sociological, anthropological and cultural reasons by all known allow venture that the most oft-repeated situation in reality refers to the eventual collision between the right not to suffer discrimination on grounds of sex by women in relation to right of the entrepreneur to freely hire whom he deems necessary, no matter if you are male, as we all know, often happens. The courts must weigh the prevalence of a right or other delimiting each one of the rights in conflict. Let us not forget that we are facing a clash between two fundamental rights enshrined in the Constitution and whose exercise is limited by collision with another right, and this because that the effectiveness of fundamental rights is not confined to the action of public authorities but also to the individual. |
| Starting Page | 179 |
| Ending Page | 207 |
| Page Count | 29 |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://uvadoc.uva.es/bitstream/10324/13070/1/TFG-N.232.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |