Equal Rights

Abstract

The chapter begins by presenting to the reader some general themes concerning the equality test (the concept of formal and substantive equality in terms of anti-subordination and the perspectives of redistribution and recognition). It then reviews decisions from a number of Latin American countries high courts, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights related to discrimination based on nationality, age, disability, and sexual orientation. Analyzing the cases will 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 as to the prevailing regional trend concerning equality.