Breaking the glass ceiling: women's inequality in the spanish business sector- historical-legal evolution and current challenges

Abstract

: The phenomenon of the glass ceiling in the Spanish corporate sector is examined, understood as that invisible barrier that hinders women’s access to senior management positions. The analysis begins by explaining that, despite regulatory advances toward formal equality, there remains a significant gap between what the law provides and what actually happens in business practice. Women currently hold around 34% of managerial positions, an insufficient figure considering that they make up the majority of university graduates and have been entering the labour market in large numbers. To understand the roots of this inequality, the text traces the issue back to Roman law, where women were under permanent male guardianship. This subordination continued through the Middle Ages, reinforced by Visigothic law and later by early modern legal codes. It was ultimately consolidated in the 1889 Spanish Civil Code, which imposed the requirement of marital permission, licencia marital, and deemed married women legally incapable of administering their own property. Although the Second Republic introduced progressive reforms, Francoist Spain reinstated restrictive norms until the arrival of democracy.

The decisive shift came between 1975 and 1981, with the abolition of marital permission and reforms to parental authority and the matrimonial property regime. Subsequently, measures such as the Organic Law 3/2007 and the more recent Organic Law 2/2024, which introduces mandatory gender quotas of 40% on corporate boards, have significantly strengthened the push toward real equality.

Nevertheless, the glass ceiling persists due to a combination of structural and cultural factors, unconscious biases, gendered stereotypes of leadership, difficulties balancing work and family life, lack of mentorship networks, limited visibility of female role models, and corporate cultures that still reward total availability. Data shows that although women’s presence on boards has increased, their access to executive positions, where real decision-making power lies, remains notably low.

The conclusion is that formal equality is no longer enough. Dismantling the glass ceiling requires a comprehensive strategy, including mandatory quotas, work–life balance policies, merit-based selection, equality training, mentorship networks, visibility for female role models, and constant monitoring of key indicators. Only through this approach can corporate culture be transformed and truly gender-balanced leadership be achieved.