Abstract

AGUILAR CAVALLO, Gonzalo. The Control of Conventionality and the Prohibition of Discrimination in Chile. Opin. jurid. [online]. 2019, vol.18, n.36, pp.57-85. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v18n36a3.

This paper addresses discrimination case law in order to determine whether the Chilean Supreme Court carries out a conventionality control on that matter. It is suggested that the prohibition of discrimination has been a fertile -though still exceptional- ground for performing a conventionality control. We also analyze how and to what extent the Supreme Court carries out this type of control. The Supreme Court refers to international conventions, soft law norms and the United Nations treaty bodies’ case law in order to enhance the protection against discrimination.

Keywords : equality; prohibition of discrimination; control of conventionality; intersectional discrimination; structural discrimination.

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