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Transformative Constitutionalism in Latin America - The Emergence of a New Ius Commune edited by von Bogdandy, Armin; Ferrer Mac-Gregor, Eduardo; Morales Antoniazzi, Mariela; Piovesan, Flávia; Soley, Ximena (22nd June 2017)

Part I Framework, 5 A Multidimensional Approach to Equality in the Inter-American Context: Redistribution, Recognition, and Participatory Parity

Martín Aldao, Laura Clérico, Liliana Ronconi

From: Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 September 2019

This chapter aims to show the relationship between the constitutional and regional principles of equality and the “frames” that shape the interpretation process, in order to understand the quest for equality in the inter-American context. For this aim we point out different formulations of the principle. First, we examine the problems that the classical conception of equality (as antidiscrimination) entail to demonstrate that although it may solve specific problems, this conception cannot deal with the structural inequalities widely present in Latin America. Second, we analyze the broader conception of equality (as antisubordination), in order to understand the deeply rooted causes of inequality in Latin American societies. Third, we show how the more complex theoretical framework of redistribution, recognition, and participation, provides a better “frame” for approaching inequalities because it improves not only our understanding of rights, but also exposes the close connection between rights, deliberative democracy, and equality.

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