RECONCEPTUALIZANDO EL PRINCIPIO DE IGUALDAD SUSTANCIAL Y SU INCIDENCIA EN LAS ACCIONES POSITIVAS DEL ESTADO NACIONAL

Abstract

The principle of equality is directly related to the positive measures provided by our National Constitution since 1994, and international human rights law has deepened the scope of this principle in
various international instruments. However, the implementation of this type of preferential guardianship has not been peaceful and tensions have arisen, formulating discrepancies in both doctrine and jurisprudence. Therefore, debates have led to a sort of reconceptualization that
has generated specific advances regarding the approach and adoption of the positives measures, and in this reconceptualization of the principle of equality the notion of “estructural equality” has begun to show up as opposed to the liberal vision of equality before the law. Given that the
debate continues, it is worth asking whether the debate can continue
to perpetuate the curtailment of the fundamental rights of groups that
have been historically and sistematically excluded and neglected, and if it is so, what happens with the international obligations assumed by the Argentine State regarding the immediate adoption of positive measures? This essay analyzes the principle of equality from a human rights approach, digging trough jurisprudence and doctrine to contribute towards the advancement and implementation of positive measures