LGTBI collective, right to equality and prohibition of discrimination: procedural specialties

Abstract

Legislative reforms in the field of equality demonstrate the use of different techniques to achieve a real and effective protection of the rights of vulnerable groups. In this sense, it can be clearly observed in Law 4/2023, of 28 February, for the real and effective protection of transgender people and the guarantee of the rights of LGTBI people. In response to structural discriminations three legislative procedural techniques are used. On the one hand, the range of parties entitled to request protection of the rights of transgender people and other members of the LGTBI community before the tribunals are broadened. On the other hand, the mechanisms for publicity of the proceedings and the possibility of third-party intervention are expanded. Thirdly, procedural rules on the burden of proof are modified in order to make it easier to demonstrate discrimination for any reason related to sexual orientation, sexual identity, gender expression or sexual characteristics.