Dynamism of the Mexican Legislation with Respect to Human Rights of Non-Discrimination and Gender Equality

Abstract

In order for a legitimate rule of law to be established, it is the function of the legislative body to update the laws in accordance with our social reality, always recognizing and guaranteeing human rights. The social struggle that has taken place during human history has achieved the recognition of human rights before the national legislation, as well as the regulation and surveillance by international organizations for every nation to safeguard them. Likewise, the Mexican executive branch has committed to international authorities to improve labor conditions and protect women's rights. This paper seeks to substantiate in the Constitution, the International Labor Organization Agreements, the Official Mexican Standards, the Federal Labor Law and the Supreme Court paradigms, the dynamism of Mexican legislation according to the historical context and the international regulation of human rights, specifically the right to non-discrimination and gender equality within the perspective of labor law. In addition, this text analyzes in depth the concept of substantive equality because it relates to the aforementioned human rights, considering the balance that must exist between non-discrimination and gender equality, as well as certain distinctions that can be made according to the necessary requirements to perform a certain job, without regarding these as discriminatory.