Chairs:

• Antonio Maués amaues@ufpa.br

SPEAKERS

Ariadna	Tovar Ramírez
Breno	Magalhães
Dominnique	Luan Ramos
Estefanía	Esparza Reyes

Lisneider

Hinestroza Cuesta

Since the last decade of the 20th century, several Latin American countries have begun implementing policies aimed at guaranteeing the fundamental rights of groups previously excluded from the effective exercise of citizenship. Among these policies, those that promote the rights of groups historically discriminated against on the basis of gender, race, and ethnicity stand out. This has led to the adoption of norms prohibiting discrimination on these grounds and to the creation of affirmative action measures in favor of these groups. These advances have resulted in an unprecedented development of anti-discrimination law in the region, guided by a substantive conception of the right to equality which, by recognizing the structural nature of social inequalities, legitimizes the adoption of differentiated treatments to benefit historically discriminated groups in society.

Thus, Latin American countries now have, within their legal systems, a diverse set of anti-discrimination measures that affect different areas, such as family relations, access to employment and education, and political participation. These measures not only prohibit and sanction individual cases of discrimination committed by public and private actors but also support public policies aimed at reducing de facto inequalities in society, including the implementation of affirmative action measures such as quotas.

This workshop seeks to comparatively analyze the advances and the challenges faced by anti-discrimination law in Latin America. Considering the transformative potential of these norms, which institutional factors contribute to the effectiveness of anti-discrimination law? From this overarching question follow more specific ones, which should be addressed according to the characteristics of each country’s legal system: What is the importance of social participation in the creation and implementation of anti-discrimination norms and policies? What is the degree of autonomy of the institutions responsible for implementing anti-discrimination law? What results have affirmative action policies achieved? What role does the judiciary play in reviewing the constitutionality of affirmative action measures?