Human Rights and disadvantaged groups in the frame of the Constitutional State

Abstract

The aim of this paper is to argue in favor of the principle of priority or preferential treatment of disadvantaged groups within the framework of the constitutional state. At first glance, the postulate of preferring certain individuals or groups rather than others, seems to contradict the ideal of equality and its corollary, categorical prohibition of all forms of discrimination. For this reason it is proposed to understand that this ideal is realized when the global system of rights and freedoms is universally attributed to the same level of satisfaction and exercise capacity. This means focusing on certain institutional mechanisms of guarantee characteristic of the constitutional state, which seeks to reconcile human rights and democracy.