Know your rights

The right to equality and non-discrimination

By: Graciela Zamudio Campos 

All people are equal before the law. This is what our constitution establishes, when it indicates as a sustainable minimum the right to be treated equally before the law and the authorities even in the case of emergency situations[1]. The regulation in question in each case provides a reference framework for the application of the law.

For example, the regulations that establish processes to achieve procedures also foresee requirements that all persons who have the right to carry out this procedure must present. 

Then, the explanation of the steps that must be followed is the application framework of the norm, so that the authority must respect it in all cases. In this way, all persons who carry out the procedure established in the rule and comply with the requirements of the law, have the right to have the authority recognize such circumstances equally.

As can be seen, the right to equality and non-discrimination is a right linked to the right to legality and legal certainty, as well as other rights that are regulated by regulations. In the case explained, if the rule is about how to obtain a driver’s license, the regulations and their equal application also ensure the right to have a license to drive a vehicle.

The prohibition of discrimination[2], on the other hand, implies that the authorities omit to restrict, limit or eliminate a right based on criteria that are intrinsic to the person. 

Identifying the three elements of discrimination is key to being able to eliminate or prevent it: a) the affected person is the holder of a right; b) the authority exercises an act that has the consequence of limiting, restricting, affecting or eliminating that right; and it is based on criteria intrinsic to the person – that is, that cannot be changed-, such as their religion, their nationality, their gender identity, their ethnic origin, etc.

[1] Article 29 of the Political Constitution of the United Mexican States.

[2] Article 6 of the Law to Prevent and Eradicate Discrimination in the state of Baja California.