Abstract

LOBATO, Julieta. Equality Clause in the Workplace and Gender Perspective. Contributions from the Argentinean Labour Law from the Case “Sisnero”. Rev. Fac. Der. [online]. 2019, n.46, pp.49-107.  Epub June 03, 2019. ISSN 0797-8316.  https://doi.org/10.22187/rfd2019n46a9.

In recent years, the constitutional equality clause, originally analyzed as formal equality, has been reinterpreted by certain legal literature. This revision, which was carried out mainly from constitutional law and human rights, recognizes an absence: the labour law. We propose to advance in this normative field, taking into account gender inequality. When developing a documentary analysis of the main production on the equality clause, we will demonstrate how was recepted by the Labour Contract Law and exposed by the Supreme Court of Justice when resolving labour cases. The preponderance of a notion of anti-discriminatory principle leads us to examine the argumentative plot on gender discrimination developed by the Supreme Court in the “Sisnero” case. This route builds up the central argument of this article that sustains a strengthening of the equality conception, by incorporating equality as non-subjection, which activates the possibility of addressing situations of structural injustice.

Keywords : Equality; Anti-Discrimination Law; Equality as Non-Subjection; Labour Law; Gender Inequality; Women´s Rights.

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