The Principle of Equality in the Case Law of the Supreme Court of Argentina

Abstract

The purpose of this article is to provide a brief analysis of the evolution of the principle of equality in the case law of the Supreme Court of Argentina. In recent years, the traditional conception of equality as non-discrimination has undergone two significant changes. The first occurred in 2004, in Hooft, when the Court introduced the concept of suspect classifications into its case law for the first time. The second, even more significant development took place in 2017, with the landmark decision in Castillo. In that case, the Court established that equality must also be understood from a structural perspective that takes into account the social context in which legal norms are applied and, above all, their impact on disadvantaged groups. This new approach, in turn, entailed a reformulation of the concept of suspect classifications, making it more compatible with the affirmative action measures provided for in Article 75(23) of the Argentine Constitution.