The constitutional reform of 1994 in Argentina, specifically in articles 37 and 75 with its subsections 19, 22 and 23, is a clear example of the importance of the right to non-discrimination. This right not only normatively closes the Argentine legal system but also acts as a symbolic order that promotes inclusion and the development of various subjectivities before the law. Andrés Gil Domínguez emphasized that gender is a fundamental category in this right, and that any attempt to disqualify it through the so-called 'gender ideology' constitutes a form of direct discrimination.
Argentina has enacted various laws that position it as a global reference in terms of plurality and diversity, despite the economic and social challenges it faces. Gil Domínguez also criticized the president and neo-fascist digital followers for attacking constitutional order and oppressing vulnerable groups. He highlighted the importance of history by stating that the 'collaborative silences' will not be forgotten.
It is crucial to recognize that descriptive differences should not translate into normative differences, especially concerning systematically disadvantaged groups. In this regard, positive action measures must be implemented to ensure equitable opportunities. Estela Díaz, Minister of Women and Diversity of the province of Buenos Aires, criticized the National Minister of Justice, Mariano Cáneo Libarona, for his proposal to eliminate the crime of 'femicide' from the Penal Code, describing it in harsh terms.
In response to Cáneo Libarona's claims, Díaz labeled his ideas as unfounded and suggested that the minister needed to be educated by calling him 'donkey'. The minister emphasized the institutional irresponsibility involved in defending positions that could undermine advances in equality and rights in Argentina. On her personal social media account, Díaz shared a critique from lawyer Andrés Gil Domínguez towards Cáneo Libarona, pointing out the seriousness of his comments.
Gil Domínguez pointed out that the principle of equality before the law in the late 19th century and the first half of the 20th century excluded women, people with disabilities, and children from the same rights as white male property owners. After World War II, constitutions and human rights treaties evolved to include the right to non-discrimination. This principle prohibits the use of certain categories by the State and individuals, reflecting a significant advance in the conception of law and equality before the law.
