Categorías sospechosas y control de constitucionalidad

Abstract

This work refers to the criteria applied by the Argentine Supreme Court of
Justice in cases in which the right to equality is at stake and shows the rules underlying
the current case law. To that effect, the author considers the different methods of constitutional analysis that have been used, each of which has a different degree of intensity. According to the author, the constitutional position of the right to equality and the
incorporation of Human Rights treaties allow courts to apply a more intense level of
scrutiny when there is an allegation that this right has been violated. He also refers to
the so called suspect categories and focuses on the case law dealing with situations of
unequal treatment towards aliens, in order to show how the strict scrutiny method of
analysis can ensure the effective enforcement of this right.