Zamudio Law in prospect. Chilean Anti-Discrimination Law against European Union standards.

Authors

  • Ignacio Antonio Sánchez González Universidad de Chile

Abstract

Within the framework of the socio-cultural changes that Chile has experienced in recent years, it is necessary to reconsider the formula adopted by lawmakers to combat discrimination. The present paper follows as its source the experiences of European anti-discrimination doctrine and jurisprudence, taking into consideration international human rights law, the general foundations of European law, the various types of discrimination, and procedural aspects of litigation in this area. Once this dogmatic basis has been clarified, the author compares the Chilean legislation in issue with European practice, after stating that the so-called "Zamudio Law" was conceived with strong implications of the former European Constitutional Treaty, but in fact, these standards are not fully met.

Keywords:

Zamudio Law, Anti-Discrimination Law, European Court of Human Rights, European Union, Non-discrimination, Burden of proof

Author Biography

Ignacio Antonio Sánchez González, Universidad de Chile

Estudiante de Derecho de la Facultad de Derecho de la Universidad de Chile. Colaborador del Departamento de Derecho Internacional de la Facultad de Derecho y del Instituto de Estudios Internacionales de la Universidad de Chile.