[Tango-L] The law and the constitution support the action of the judge

[Sergio Vandekier]

The preamble of the Constitution of Argentina states as its purpose to secure the blessings of liberty to all men of the world who wish to dwell on Argentine soil.[52] Furthermore, the section 25 of its Constitution states that the Federal Government shall foster European immigration, and may not restrict, limit or burden with any tax whatsoever, the entry into the Argentine territory of foreigners who arrive for the purpose of tilling the soil, improving industries, and introducing and teaching arts and sciences.[52] Although the Constitution of Argentina makes impossible the existence of such a thing as "illegal immigration", there are in the country, however, undocumented immigrants. Undocumented immigrants were estimated at 50,000 to 2,500,000 in the year 2001.[53]

 

http://en.wikipedia.org/wiki/Illegal_immigration#Argentina

 

 http://www.senado.gov.ar/web/interes/constitucion/english.php

 

 

Article 14 talks of Rights of the inhabitants of Argentina.  It does not discriminate in groups such as citizens, non citizens, legal or illegal immigrants.

 

 Article 20 talks about foreigners. The law 23.592 penalizes any discrimination and gives the judge the faculty to undo any discrimination .


 

Article 15 talks about Slavery.  Slavery was abolished for those born after 1812 or for those that entered the country after 1812.  The rest were freed when the constitution of 1853 went into effect. The owners of slaves were compensated by the government.

 

Summary:  Law 23.592 and the constitution gives the judge the authority to nullify any procedure (in this case a competition, created by the government of the city of Buenos Aires) where an act of discrimination was committed at the petition of those affected.

 

Best regards, Sergio