Abstract

ESPARZA REYES, Estefanía. Critical Reflections about Equality as Non Discrimination in Chile. Cuest. Const. [online]. 2019, n.40, pp.3-37.  Epub Mar 20, 2020. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2019.40.13226.

Currently, the validity of the non discrimination right is not disputed. The disagreements seem to focus on the extension of protection, especially between individuals, and, even more specifically, on the limits of affirmative action. The scene in Chile is very different, because while it is possible to assert that exists especific rules and even institutions of antidiscrimination law, chilean Constitution does not mention discrimination, and constitutional non discrimination right has been principally protected through the right to equality. It is argues that the absense of constitutional non discrimination clauses as belonging to disadvantaged social groups recognition and the conceptualization of discrimination as arbitrariness generate different concepts about discrimination that coexist simultaneously and distance to Chile from other legal systems.

Keywords : Non Discrimination; Chile; Arbitrary Discrimination; Antidiscrimination Law; Equality.

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