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- Title
PERSISTENCIA DE FACTORES DE DISCRIMINACIÓN PRODUCTO DE LA ORIENTACIÓN SEXUAL: HACIA UNA GARANTÍA MATERIAL DEL DERECHO A LA IGUALDAD.
- Authors
Casadiegos Santana, Martin Humberto
- Abstract
The purpose of this research paper is to analyze the "principle of equality and non-discrimination" not only in books, but in practice, in actions, in order to establish how, in spite of a global and national development of the LGBTI population's rights, when applied, we keep finding implicit and explicit discrimination factors due to diverse sexual orientation. For that purpose, we analyzed the results obtained from a survey used as a tool to collect information, which are reflected in 28 graphs that depict the answers gathered from 1,446 university students divided in two population groups in view of their sexual orientation, either LGBTI or heterosexual. Through this analysis, we aim to determine how, in spite of existing a legal framework that protects, formally and legally, the principle of equality and non-discrimination in the social environment in which we live, there are still permanent discrimination factors that infringe upon the principle of material equality. To this effect, we performed a reflexive and critical analysis drawn upon the knowledge we have of the constitutional and international standard, in order to establish the existing conflict between reality and regulations, supported in the constitutional and international law, as well as the evidences obtained. The research method applied during this study is the analysis-synthesis, using a qualitative approach.
- Subjects
SEXUAL orientation; EQUALITY; SOCIAL context; CRITICAL analysis; CONSTITUTIONAL law
- Publication
Temas Socio-Jurídicos, 2019, Vol 38, Issue 77, p65
- ISSN
0120-8578
- Publication type
Article
- DOI
10.29375/01208578.3631