JUSTICIABILITY OF SOCIAL RIGHTS: BRIEF INTRODUCTION TO AN INTEGRATED SYSTEM OF MULTILEVEL PROTECTION
Journal Title: Ius Humani. Revista de Derecho - Year 2016, Vol 5, Issue 12
Abstract
Since 2000, social rights have gained prominence in our countries (Andean countries), inside the Doctrine, and in the worldwide and regional organizations, for the protection of human rights. These have been raised as apparent leveling mechanisms between the real freedom of each of the individuals and legal freedom, that the constitutional and legal framework recognizes them. In Latin America, due to considerable levels of inequality and poverty, an effective model of comprehensive and reasonable social rights, that can really ensure the factual freedom of all citizens alike are looking for. So, the imposition of a single model that reaches theoretically equate factual or real freedom of all citizens, but one that also ensure, its justiciability despite the implications that would result in the budgetary policy of the state is not enough. Thus, it seems relevant the creation of a Latin American Doctrine on social rights, taking into consideration that a latent danger that lurks behind the discourse of such rights is the social demobilization caused by the Latin neopopulism and should propose, in this case, the construction of a national system for optimal protection with additional security systems, regionally and internationally protection and its appropriation by the population in the political and legal practice. It means, an integrated multi-level social rights protection system.
Authors and Affiliations
Gabriel Galán Melo
Keywords
Related Articles
- EP ID EP36080
- DOI https://doi.org/10.31207/ih.v5i0.110
- Views 378
- Downloads 0
COMPETITIION AND ANTITRUST LAW IN ECUADORIAN CONSTITUTION
This work allows us to establish the Economic Constitution and the Competition Law (C.L) in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and ap...
REVISITANDO LA IDEA/EL IDEAL DE LA SOCIEDAD CIVIL GLOBAL A LA LUZ DE LOS DERECHOS HUMANOS
In the past few decades, the proliferation of a “third sector” of nongovernmental and non-profit organizations that operate across borders has prompted a reformulation of the concept of civil society. A number of contemp...
COMPARATIVE STUDY ON TRANSPARENCY AND RIGHT OF ACCESS IN THE INTERNATIONAL SPHERE AND ITS INFLUENCE IN SPAIN
In order to understand and assimilate the current evolution and the international scope of public transparency and the right of access to public information holistically today, a study of an international set of norms of...
THE ENVIRONMENTAL PROTECTION IN THE JURISPRUDENCE OF THE INTERAMERICAN COURT OF HUMAN RIGHTS
This article examines the interconnections between environmental issues and the protection of human rights, in a process that began in the United Nations Conference on the Human Environment (Stockholm, 1972) and has been...
INTERNATIONAL PRIVATE LAW AND COMMUNITARIAN LAW
Private international law is justified at a time when the legal systems of nation states seeking a way to extend their areas and competencies. This desire led to the conflict between national laws, which grew smaller as...