El principio de igualdad educativa en la jurisprudencia de los tribunales la Ciudad Autónoma de Buenos Aires
Through this work we propose to re-elaborate the rule of equality applied by the CABA´s courts, respect of the education right. In this sense approaching different precedents from that jurisdiction and will be critically studied the concept of equality applied for the resolution of the cases. Thus,...
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| Format: | Article |
| Language: | Spanish |
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2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5582521 |
| Source: | Derecho y ciencias sociales, ISSN 1852-2971, Nº. 8 (Abril 2013), 2013, pags. 37-56 |
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| Summary: |
Through this work we propose to re-elaborate the rule of equality applied by the CABA´s courts, respect of the education right. In this sense approaching different precedents from that jurisdiction and will be critically studied the concept of equality applied for the resolution of the cases. Thus, we will be established the insufficiency of the application of the concept of equality as “non- discrimination principle” when it comes to work with the situation of certain groups that have been historically excluded (exclusion that persists today). This deficit model emphasizes the importance of the concept of equality as “non-submission principle” hat in achieving equality of real opportunities. Analyzes how this recognition it has not been achieved in the CABA´s jurisdiction. We conclude that the concept of equality that should governed in the educational scope and practices in order of Article 75. 23 from the Fundamental Law, because this is the best model in order to eradicate or, at least to attenuate, the causes of the educational inequality |
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