Equality and Positive Action

Today, while preparing a paper for my Development Law course, I felt again angry for the misconception of gender equality and minority groups’ integration.

I am amazed on how “human rights” advocates defend and propose the implementation of more favorable legislation for woman and minority groups (positive action), instead of creating a legal framework that in fact promote equality between the members of our society, rather of creating more differentiations between groups that should be treated equally, moreover, when it is clear that such differentiations more than favoring development, prevents it.

I can, in some way, understand their arguments, mainly focused in their inability of formulating policies that indeed allow effective integration and give equal opportunities to women, indigenous peoples, LGBT individuals, etc. in our society.

But my questions remain, since I found no logic in promoting equality and claiming for the creation of more differentiations, at the same time.

Why is there an “International day of the Woman” and there is not an “International day of Man”, wouldn’t be better an “International day of the People”?

Why indigenous peoples have more and better rights than me, if “before the law” all individuals (must) be treated equally?

Why do I, as a Latin homosexual man, have more opportunities than white and straight men to have a job in the US just because diversity quota requirements, and not because my personal capacity?

Why women are privileged over men in some corporate structures just because of its gender and not because of its capacity (mandatory board quotas)? Is my gender makes me a second class individual under this kind of “gender equality practices”?

Is that fair?

Is that the world’s conception of promoting human rights and non-discrimination?

I firmly believe that legal systems shall not treat me different than the Chinese girl next to me or the CEO of Amazon or an African elder black lesbian woman. If we are promoting equality, let’s begin by structuring legal frameworks that provide equal opportunities to all individuals, disregard its gender, sexual orientation, ethnicity, religion, etc., without making the gap between such groups and society broader.


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