equality before the law; the second, is a material or substantial dimension that requires the adoption of positive measures of promotion in favor of groups that have been historically discriminated against or marginalized due to the factors referred to in Article 1(1) of the American Convention. This means that the right to equality entails the obligation to adopt measures to ensure that such equality is real and effective - in other words, to correct existing inequalities, to promote inclusion and participation of historically marginalized groups, and to guarantee to disadvantaged individuals or groups the effective enjoyment of their rights and, in short, to provide individuals with the real possibility of achieving material equality. To this end, States must actively combat situations of exclusion and marginalization. 91 87. It is also important to recall that, while the general obligation of Article 1(1) refers to the State’s duty to respect and guarantee “without any discrimination” the free and full exercise of the rights contained in the American Convention, Article 24 enshrines the right to “equal protection of the law.” 92 Thus, Article 24 of the American Convention prohibits discrimination in law, not only with respect to the rights contained in that treaty, but also with respect to all the laws adopted and applied by the State. 93 Therefore, if a State discriminates in respecting or guaranteeing a conventional right, it would be in breach of the obligation established in Article 1(1) and the substantive right in question. If, on the other hand, the discrimination refers to the unequal protection of domestic law or its application, this must be analyzed in light of Article 24 of the American Convention, in relation to the categories protected by Article 1(1) of the same instrument. 94 B.2 Sexual orientation under the American Convention on Human Rights 88. Since the judgment in the case of Atala Riffo and Daughters v. Chile, 95 in 2012, the Court has established that sexual orientation and gender identity are protected by the Convention under the term “any other social condition,” set forth in Article 1(1). 96 Advisory Opinion OC-24/17 of November 24, 2017, also included gender expression as a protected category, a point that has been subsequently reiterated by this Court in its Cf. Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their Families v. Brazil. Interpretation of the judgment on preliminary objections, merits, reparations and costs. Judgment of June 21, 2021. Series C No. 427, para. 199, and Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras. Judgment of August 31, 2021. Series C No. 432, para. 108. See also, Advisory Opinion OC-27/21, supra, para. 157. 92 Cf. Advisory Opinion OC-4/84, supra, paras. 53 and 54, and Case of Guevara Díaz v. Costa Rica, supra, para. 47. 93 Cf. Case of Yatama v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of June 23, 2005. Series C No. 127, para. 186, and Case of Guevara Díaz v. Costa Rica, supra, para. 48. 94 Cf. Case of Apitz Barbera et al. (“First Contentious-Administrative Court”) v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 209, and Case Guevara Díaz v. Costa Rica, supra, para. 48. 95 Cf. Case of Atala Riffo and Daughters v. Chile. Merits, reparations and costs. Judgment of February 24, 2012. Series C No. 239, para. 91. 96 Article 1(1) of the Convention establishes that “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 91 28