The existence of diverse notions of discrimination in the right not to be discriminated in Chile. An analysis through two constitutional justice actions

Abstract

The purpose of this paper is to analyze critically the existence of different notions of discrimination in the right not to be discriminated against in Chile, based on two actions of constitutional justice. For this, it will describe the conceptualization of the right not to be discriminated against in Chile, especially from the absence / presence of the group element of the discrimination, contrasting it with the notions that currently prevail in other legal systems, such as Spanish system. It will continue briefly explaining the main direct mechanisms of protection of the right not to be discriminated against in Chile, making special reference to the most extended jurisdictional mechanisms of protection: the action of non-arbitrary discrimination and the protection action. It will conclude with some critical reflections about consequences of the adoption of different notions of discrimination by the courts of justice.