Nowadays Criminal Law is playing a growing role in order to protect Human Rights. The aim of this paper is to carefully consider the use of Criminal Law in Spanish legislation in order to achieve equality between men and women. This paper analyzes the Organic Law 1/2004 and the reasons behind the different value of the violence of men towards their women partners as well as the validity of discrimination in criminal law in order to achieve equality through unequal treatment. Nowadays Criminal Law is playing a growing role in order to protect Human Rights. The aim of this paper is to carefully consider the use of Criminal Law in Spanish legislation in order to achieve equality between men and women. This paper analyzes the Organic Law 1/2004 and the reasons behind the different value of the violence of men towards their women partners as well as the validity of discrimination in criminal law in order to achieve equality through unequal treatment.