We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Legislative vulnerability of minority groups.
- Authors
Paula, Carlos Eduardo Artiaga; da Silva, Ana Paula; Bittar, Cléria Maria Lôbo
- Abstract
Minorities are in an inferior position in society and therefore vulnerable in many aspects. This study analyzes legislative vulnerability and aims to categorize as "weak" or "strong" the protection conferred by law to the following minorities: elderly, disabled, LGBT, Indians, women, children/adolescents and black people. In order to do so, it was developed a documental research in 30 federal laws in which legal provisions were searched to protect minorities. Next, the articles were organized in the following categories: civil, criminal, administrative, labor and procedural, to be analyzed afterwards. Legal protection was considered "strong" when there were legal provisions that observed the five categories and "weak" when it did not meet this criterion. It was noted that six groups have "strong" legislative protection, which elides the assertion that minorities are outside the law. The exception is the LGBT group, whose legislative protection is weak. In addition, consecrating rights through laws strengthens the institutional channels for minorities to demand their rights. Finally, it was observed that the legislative protection granted tominorities is not homogeneous but rather discriminatory, and there is an interference by the majority group in the rights regulation of vulnerable groups.
- Subjects
LEGAL status of minorities; CIVIL rights; CRIMINAL codes; DISCRIMINATION (Sociology); LEGAL status of LGBTQ+ people
- Publication
Revista Ciência & Saúde Coletiva, 2017, Vol 22, Issue 12, p3841
- ISSN
1413-8123
- Publication type
Article
- DOI
10.1590/1413-812320172212.24842017