The retirement age as a problematic criterion in competitive hiring process for public administration in the province of Córdoba: ¿discrimination against women?

Abstract

The purpose of this paper is to conduct a critical analysis of the terms and conditions of competitive hiring processes for senior executive positions in the public administration in the province of Córdoba. Specifically, what is of interest to examine is the regulation based on one of the exclusionary requirements it imposes: contestants must not be eligible for retirement benefits. This criterion is considered problematic because it fundamentally imposes an age limit on the right to participate in competitive hiring processes, and motivates a review of the reasonableness with wich the regulatory power has been excercised. For this purpose, the impact of this criterion on women over sixty and the potential risk that the regulation may be discriminatory are assessed. This involves analyzing the issues of gender and old age in light of the constitutional framework. Additionally, it is explored whether it is appropriate to categorize the problematic criterion as a suspect classification. The article concludes by offering some reflections that could contribute to a more reasonable approach in future competitive hiring processes for public administration, aiming to safeguard human dignity.