Abstract

LOBATO, Julieta. Disputes for equality. The restrictive turn of the Supreme Court of Justice of Argentina in rulings concerning labour discrimination in intersection with freedom of association. Trab. soc. [online]. 2022, vol.23, n.39, pp.127-150.  Epub July 01, 2022. ISSN 1514-6871.

One of the most important interventions of the Supreme Court of Justice of Argentina in labour matters in the period 2003-2014 occurred in cases of equality and non-discrimination in the workplace. These rulings recognized robust protection of fundamental rights in private (specifically, labour) relations and set clear standards for their application to subsequent rulings. However, following the changes in the composition of the Court that started in 2014 and were consolidated in 2016, a series of pronouncements were issued that undermine the protectionist jurisprudential construction of the previous period. The general objective of this article is to analyse these rulings, identifying lines of continuity and rupture between both periods. The paper holds two main thesis: i) From 2014, the Supreme Court modified its jurisprudence on equality and non-discrimination in labour relations, opening the path of a restrictive turn in this field; ii) In these new rulings, the arguments of the Supreme Court are not sufficient to disarm the protective architecture built in the previous period. To develop both arguments we use documentary analysis, in order to revisit the theoretical debate and the jurisprudential pronouncements of the time reviewed.

Keywords : Equality and non-discrimination; fundamental rights; labour law; freedom of association; Supreme Court of Justice of Argentina; restrictive turn.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )