Abstract

GARCIA RAMIREZ, Sergio. Recognition and protection of human rights: plurality and diversity in democratic society. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.160, pp.191-235.  Epub Mar 07, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.160.15974.

This article underlines the fact that national and international public order, based on values and principles enshrined in both levels of legal provisions, embodies the principle of equality among all persons, which is a guarantee for individuals and a guiding principle of the State's role. Without prejudice to this premise, it is necessary to observe the real differences that exist between individuals and groups within the same national society, and to ensure respect for this diversity, in various spheres and with multiple consequences. This implies the existence and application of another principle, which complements that of equality: specificity, which in no way means discrimination. In contemporary society, there are multiple factors of diversity and plurality. In fact, democratic society is a heterogeneous society in which numerous requirements, interests, convictions, and opinions thrive. This gives rise to a right to diversity arises: the possibility of "being different" and the ensuing right to exist and co-exist within social plurality, establishing and achieving one's own freely chosen destiny. This situation is also the basis for the specific duties of the State to respect and guarantee individual rights. This article examines this issue from the perspective of Inter-American Court of Human Rights (IACHR) case law. The Regional Court has adopted criteria of great importance and transcendence in this matter, based on a good number of inter-American instruments mentioned in the article covered by this review. These criteria are to be found in a wide range of advisory opinions and judgments issued by the IACHR. The aspects of plurality and specificity examined herein are related to the situation of groups (for example, women, indigenous people, couples, and families) and to the exercise of basic rights (for example, identity, conviction, expression, and political opinion). The duties of the guarantor State are discussed, and emphasis is placed on the application of economic, social, cultural,and environmental rights.

Keywords : inter-american legal system; international declarations; international conventions; plurality/diversity; Inter-American Court of Human Rights; discrimination/different treatment; equality/specificity; individuals/groups indigenous peoples; convictions; expression; couples/family; democracy/political rights; identity; duties of the State.