The right of a person with disabilities from discrimination is protected in addition to the Constitution National specific international treaty and law.
The law speaks in general discrimination against all persons (Act No. 23,592).
The Inter-American Convention the Elimination of All Forms of Discariminación against Persons with Disabilities "has been approved by Act 25280.
This treaty (which according to our Constitution is superior to the laws) in principle defines disability as a physical, mental or sensory impairment, either temporarily or permanently limiting the ability to perform one or more essential activities of daily living , and then says that there is discrimination towards these people when they are excluded, they restrict something or they may be recognized by this cause in order of impairing or nullifying the recognition, enjoyment or exercise of any right, based on their disability.
So for discrimination against a person with disabilities should occur two things:
1. To be treated differently because people with disabilities.
2. That this differential treatment would prevent the exercise of any right.
This law explicitly states that no discrimination where the State is concerned that other people with disabilities, as long as it is to benefit (ie a specific law) and does not violate any rights.
Now that we have defined that is discrimination to a person with a disability talk about the penalties imposed on those who commit them.
23,592 law takes action against those who engage in discriminatory acts not only by reason of a disability but also by ideology, race, religion, nationality, gender, economic status, ideology or PHYSICAL CHARACTERISTICS.
see then that while there is a specific convention on discrimination against people with disabilities of which we speak, there is a law that imposes penalties against all types of discrimination, including disability and it is important to note that although the latter Law speaks of certain types grounds of discrimination, could well apply to discrimination on other grounds.
therefore use the convention approved by law 25,280 to whether or not there is discrimination because of being disabled and 23,592 law to impose sanctions in the event that there is.
As a first step, Article 1 provides that at the request of the victim, who is be forced to cease discriminating against or set aside the discriminatory act and repair the moral and material damage caused, ie economic compensation who have been discriminated against have affected both their morale, for the material losses (if they existed) that the discriminatory conduct caused.
Article 2 After more rigorous the Penal Code, raising the penalties for those who discriminate.
Finally, the law provides for 23,592 people who participate in organizations engaged in discriminatory advertising (ie ads based on the superiority of one group of people to discriminate). Those who committed this crime, the Act imposes a penalty of imprisonment from one month to three years.
As a final comment we tell readers that discrimination often is not practical or easy to detect, but there is only must know how to use the tools of definition that the law gives 25,280 and make a deep reflection on each of the events of everyday life and see that in more than one, there is discrimination or is there is no discrimination when equality of fitness is given a job as a person without a disability?
This is just one example, discrimination comes in many ways and in different areas of daily life
Dr. Diego Agüero
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