The constitutional significance of workplace harassment in the civil service and the evidentiary assessment of harassment in judicial proceedings

Commentary on Constitutional Court Ruling 28/2025, of 10 February

Abstract

The STC 28/2025, after summarizing the normative framework and constitutional doctrine on workplace harassment, declares violated the fundamental right to physical and moral integrity (art. 15 Spanish Constitution) and the right to effective judicial protection of public officials (art. 24 Spanish Constitution) condemning the city council, both for failing to comply with the positive obligation to prevent, investigate and punish harassment actions, and for active harassment conduct. It also quash the appeal judgment for breach of its duty of judicial control over these rights on the basis of a correct application of constitutional case-law on shifting the burden of proof in their protection.