In the territories in which the principle of equality before the law governs, we seek to provide guarantees so that all citizens are treated in the same way, without privileges or discrimination.
Equality before the law is a principle, also defined through the expression legal equality , which is embraced by democracy and defended by liberalism .
This content indicates that all individuals, under equal conditions , must enjoy the same treatment and have the same rights, without any kind of exception or favoritism. In this context, each State in which it seeks to respect equality in the eyes of the law must work to avoid inequalities and ensure that all citizens have, at a legal level, equal guarantees and rights. Acts of discrimination or privileges must not be allowed: all citizens, without distinction of nationality, ethnic origin, creed, sexual orientation, gender, race, must be able to access the same civil and political rights and be subject to a single legal system .
It is important to know that equality before the law does not exist in territories in which there is theocracy , slavery or colonialism . When equality is promoted from the idea of equity, the differences between people are not taken into account and no one can or should be above the rest of the people or the law.
History of equality before the law
According to historical records, already in the time of Athenian democracy there was reference to a model that was fair and balanced in imparting and providing justice, as well as recognizing men's right to freedom of expression and giving them equal opportunities to participation and identical rights in political matters.
In ancient times, the idea of equality was already being approved in terms of the natural right of humanity, but it should not be overlooked that Roman law , in the imperial era, considered all members of the citizenry equal, reserving a special position only for them. to the emperor.
Isonomy , a word that refers to equality in relation to political rights , has also been prevailing for a large number of years.
As time went by, the principle of equality acquired multiple dimensions. In this sense, the concepts of relative equality (an expression that implies equal treatment in identical situations) and absolute equality (the idea that equal treatment is appropriate regardless of the conditions at the individual level) began to gain notoriety.
Application
Equality before the law appears in numerous declarations and constitutions.
An article of the Argentine National Constitution , to mention a specific case, considers the inhabitants of Argentine soil equal before the law and indicates that only suitability can be set as a condition when assigning a job. In theory, discriminatory actions or unequal treatment are not permitted. Similar issues are reflected in the constitutions of Peru , Ecuador , Mexico , Colombia and Spain , to mention a few references.
El Salvador is another of the nations that prohibits restrictions and privileges regarding the enjoyment of civil rights , while on French soil a point was included within the Declaration of the Rights of Man and of the Citizen that exalts the freedom with which Human beings are born and develop, and they must be equal in terms of rights.
We speak of equity to refer to a principle of an ethical nature that seeks to give equality to justice in order to achieve a more equitable society.
Examples of equality before the law
In practice, equality before the law is reflected in verdicts that, in the case of the same crime, are not conditioned by the social status, financial capacity or gender of the person who has been found guilty: under the rules of equality , Justice acts (or should act) in the same way, whether it is a man, a woman, someone wealthy or a subject with limited economic resources.
On a general scale, this principle states that, when faced with identical episodes, one must judge or proceed with the same yardstick, avoiding differential treatment and exceptions.
On Argentine soil, a law focused on gender equality was enacted in order to put an end to inequalities in the treatment and consideration between women and men.
The right to enjoy equality before the law is violated if a Government imposes restrictions or requirements that are unattainable for certain sectors of the population at the moment when processing certain documents or carrying out specific procedures. Furthermore, the principle of equality before the law is violated when, for any reason, the legal principle called due process is not applied or complied with, which establishes that the state sphere must act in such a way as to ensure respect for the legal rights of each individual. At least in Argentina , due process constitutes a constitutional guarantee that gives someone brought to trial the right to defend themselves and be heard by the competent authorities before a decision is made that influences their obligations and rights.
In the educational field, equality translates into equal opportunities so that all human beings can access good quality education regardless of age, socioeconomic context, beliefs or traits they have.