Equality

Spanish version

In Mexico, there are still large economic, social, and educational gaps. Therefore, it is essential to rigorously study the right to non-discrimination. In this agenda, the Center develops dogmatic and empirical studies on the existing types of discrimination and the way in which they have been addressed in comparative law and in the judicial precedent of the Supreme Court. We reflect on the origin of specially protected groups, exploring which ones deserve the application of a strict scrutiny. Moreover, we also investigate the role of the judge's perspectives (gender, aging, interculturality) in order to achieve substantial equality.

Likewise, the distinction between direct and indirect discrimination is explored, and its application at the jurisdictional field. Regarding the equality test, the different models applied by the Supreme Court (North American test, Inter-American test, Colombian test) are exposed to reflect on which of them is more appropriate for the Mexican experience. In addition, we discuss which is the most adequate methodology to judge the constitutionality of affirmative actions.