Una resolución administrativa argentina y la paridad de género en los órganos de administración de ciertas personas jurídicas: un análisis a la luz del principio de igualdad

Abstract

An Argentine administrative resolution established the obligation to integrate the boards of directors, administrative and control bodies of certain legal entities with the same number of male and female members. This paper analyzes the argumentative framework that, considering the principles that arise from constitutional law and international human rights law on equality and gender, enable the validity of the resolution. To this end, it first reviews the judicial and legislative measures that have questioned that validity. Then, it analyzes the resolution both from a substantial and a formal point of view. For this analysis, it proposes an interpretative scheme that addresses the issue from the concept of “equality as non-submission”, through which constitutional rights—such as freedom of association and freedom of contract—do not only imply a limit for State actions, but also a positive obligation to ensure their exercise and prevent the preconceptions of individuals from interfering with the personal autonomy of their peers. By applying this scheme to the measure, it turns out that it is not only valid, but that it also complies with the international obligations assumed by the Argentine State in matters of equality.