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Revista chilena de derecho

On-line version ISSN 0718-3437

Abstract

FIGUEROA G, Rodolfo. ARE GENDER QUOTAS FOR CONGRESS CONSTITUTIONAL?. Rev. chil. derecho [online]. 2015, vol.42, n.1, pp.189-214. ISSN 0718-3437.  http://dx.doi.org/10.4067/S0718-34372015000100008.

Gender quotas are a kind of affirmative action and this corresponds to a model of equality of results, which is one of three models of equality, along with formal equality of resources and equality of opportunities. Therefore, corresponding to a model of equality, quotas cannot be considered, in abstract, an arbitrary discrimination and thus, unconstitutional. Neither are they arbitrary discrimination because they are based on reasons: to reduce the structural gap between men and women. There is abundant evidence proving that quotas are indispensable to correct that gap pertaining to congressional representation. Finally, the situation of women corresponds to what is called indirect discrimination. If we agree that the principle of equality requires addressing -rather than tolerating- indirect discrimination, and provided that gender quotas attack that sort of discrimination, it is possible to justify a constitutional imperative to establish quotas. There are, also, other constitutional principles to sustain the same imperative.

Keywords : quotas; gender; equality; parliamentary representation.

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