Igualdad de trato entre particulares

Abstract

The present paper analyses the existence and scope of positive and negative
obligations on behalf of the State that tend to protect equality before the law against
practises based in the exercise of personal autonomy. In doing so the author adopts
the specific perspective of freedom of association and contract. The conflict that could
arise between the constitutional principles of equality –both as non-discrimination and
as non-submission– and the exercise of autonomy are defined and examined, to which
end their concepts are determined. It is with this purpose in mind that the article delves
particularly, on the one side, on the negative aspect of right of association, meaning
the possibility of refusing to associate with someone. Likewise, where freedom of
contract is concerned, the author focuses on the State’s capacity to restrict it with the
aim of protecting the right to equality, providing a special treatment in light of police
and emergency power.