Towards a reconstruction of equality case-law trends in latin america and the caribbean: on non-discrimination, anti-subordination, redistribution and recognition
THE ARTICLE BEGINS BY 1) PRESENTING THE READER TO SOME GENERALITIES CONCERNING THE EQUALITY TEST (THE CONCEPT OF FORMAL EQUALITY AND SUBSTANTIVE EQUALITY IN TERMS OF ANTISUBORDINATION AND THE PERSPECTIVES OF REDISTRIBUTION AND RECOGNITION). IT THEN REVIEWS DECISIONS FROM A NUMBER OF LATIN AMERICAN C...
| Authors: | , , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2013 |
| Country: | Brasil |
| Institution: | Fundação Getulio Vargas (FGV) |
| Repository: | Revista Direito GV |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.periodicos.fgv.br:article/20894 |
| Online Access: | https://periodicos.fgv.br/revdireitogv/article/view/20894 |
| Access Level: | Open access |
| Keyword: | EQUALITY CONCEPTIONS ANTI-SUBORDINATION REDISTRIBUTION RECOGNITION IGUALDAD CONCEPCIONES NO-SUBORDINACIÓN REDISTRIBUCIÓN RECONOCIMIENTO |
| Summary: | THE ARTICLE BEGINS BY 1) PRESENTING THE READER TO SOME GENERALITIES CONCERNING THE EQUALITY TEST (THE CONCEPT OF FORMAL EQUALITY AND SUBSTANTIVE EQUALITY IN TERMS OF ANTISUBORDINATION AND THE PERSPECTIVES OF REDISTRIBUTION AND RECOGNITION). IT THEN REVIEWS DECISIONS FROM A NUMBER OF LATIN AMERICAN COUNTRIES´ HIGH COURTS AS WELL AS OTHERS RENDERED BY THE INTER AMERICAN COMMISSION ON HUMAN RIGHTS (I/A CHR) AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS (IA COURT HR) RELATED TO DISCRIMINATION BASED ON NATIONALITY, AGE, DISABILITY, AND SEXUAL ORIENTATION. THE ANALYSIS OF THE CASES SHALL CONTRIBUTE TO DETERMINE THE CONCEPT OF EQUALITY THAT PREVAILS IN EACH DECISION (AS EVIDENCED IN THE GROUNDS PROVIDED BY THE JUDGE AS WELL AS IN THE REMEDIES AWARDED). FINALLY WE ATTEMPT TO DRAW SOME CONCLUSIONS OVER THE PREVAILING TREND IN THE REGION CONCERNING EQUALITY. |
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