The Crisis of State Sovereignty and Social Rights
Journal Title: The Age of Human Rights Journal - Year 2014, Vol 2, Issue 2
Abstract
The European integration process –which may be interpreted as a federalizing process– faces strong cultural and economic resistances. As a matter of fact, social rights have been understood and performed –within an old tradition of political thought– as proximity rights that cannot be universalized beyond the context of national States; this led to the resistant ideology of the protective function of State borders. Therefore it seems that the construction of the European Union as a complete political subject cannot be developed further if a centralized European Welfare is not created.
Authors and Affiliations
Sandro Staiano
The Impact of the International Convention on the Rights of Persons with Disabilities on Qatari Domestic Legislation
The entry into force of the International Convention on the Rights of Persons with Disabilities means that State Parties shall adapt their legislation and regulation to the social model designed in the international...
Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights
The present research article will relate about the theory of social rights, essentially, it will address the study of some reasons for the construction of a legal theory of social rights as fundamental rights. In this...
The Nation-State Concept in the Crisis of Democracy in Spain
This paper addresses the fundamental reason for the crisis of democracy in Spain, which is closely linked to the most important problem that also faces Europe today. I refer to the consequences of continuing to justify d...
Ten Guidelines for the Correct Interpretation of Rights
In this brief work I will propose ten guidelines or criteria to assist in interpreting human and fundamental rights norms in a way that is correct (as much as is reasonable) and that is in line with the perspective of th...
Reasonable Accommodation Based on Religious Beliefs or Practices. A Comparative Perspective between the American, Canadian and European Approaches
In certain situations, religious minority members ask for an exception to general rules because they could be discriminatory for this collective. These exceptions are called reasonable accomodations and have been recogni...