Revista de Derecho Político (Jul 2019)

Anti-discriminatory legal mechanisms. Contributions for the Anti-discriminatory Law configuration.

  • Estefanía Esparza-Reyes,
  • Francisco Javier Díaz Revorio

DOI
https://doi.org/10.5944/rdp.105.2019.25268
Journal volume & issue
Vol. 1, no. 105
pp. 57 – 79

Abstract

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For some years, the existence of a specific Law called Anti-discriminatory Law took force. However, there is not a systematic treatment of such discipline, so is needed a comprehensive analysis of their central postulates and mechanisms to fight discrimination. The states sometimes inspired by international regulation on the subject have used various tools to combat discrimination with greateror lesser success although sometimes these measures are not visualized as forms of protection. However, the non-discrimination mechanisms often share common traits that make plausible to systematize them under valid categories for different legal systems. Only by analyzing these mechanisms through categories will it be possible to form a complete idea about the state of Non-discrimination Law in a given legal system and therefore contribute to its development Summary: 1. Brief aspect about non discrimination principle. 2. Anti-discriminatory legal mechanisms. 2.1. General aspects and their relationship with the affirmative action. 2.2. Anti-discriminatory legal mechanisms classification. 2.2.1. According to purpose: Direct and Indirect Mechasnisms. 2.2.2. According to legal norm containing them: National and International Mechanisms. 2.2.3. According to hierachy of the legal norma containing them: Supraconstitutional; Constitutional; Legal; Infralegal and Non binding or Privates Mechanisms. 2.2.4. According to specificity protection: General and Groups Mechanisms. 2.2.5. According to protection way: Judicial and Institutional Mechanisms. 2.2.6. According to Protection: elimination of discriminatory norms; mandates of action duties of protection. 3. Conclusion.

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