Constitución, igualdad y migración: el mínimo desarrollo del ordenamiento chileno en la protección contra la discriminación de grupos migrantes

Abstract

: The purpose of this essay is to analyze the main criteria with which the Constitutional Court of Chile approaches to migration. We will examine the constitutional framework of migration in Chile, as well as the insufficient development of equality and the right not to be discriminated against in the Constitution, the legislation and the Constitutional Court decisions. In this matter a symmetrical and formal conception of equality prevails and tends to justify discriminatory treatment of migrants and thereby contributes to reinforce their subordinate position, however, there is evidence of a normative and eventually constitutional evolution towards an alternative understanding of equality.