Argumentos para una teoría de los derechos sociales

It is not unusual to find proposals in relation to social rights by which these secondary rights would be devalued, fragile, second class (or generation) of paper, and all this for historical reasons, moral, economic and legal. In what follows, I intend to stress that it is actually possible to remo...

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Autor principal: Ansuátegui Roig, Francisco Javier
Formato: Artículo
Idioma:Castellano
Publicado: Universidad Externado de Colombia 2010
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Acceso en línea:http://dialnet.unirioja.es/servlet/oaiart?codigo=3335660
Fuente:Revista Derecho del Estado, ISSN 0122-9893, Nº. 24, 2010, pags. 45-64
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Sumario: It is not unusual to find proposals in relation to social rights by which these secondary rights would be devalued, fragile, second class (or generation) of paper, and all this for historical reasons, moral, economic and legal. In what follows, I intend to stress that it is actually possible to remove (delete) basic parts of this speech so that the same speech at least shades as a result of its inconsistencies. In short, what I want to emphasize is that the way it is not neutral approach that tends to enhancing and deepening of certain rights under the social state is not aseptic and disinterested that other underling certain sections social rights, develop a discourse that relegates them in relation to others. It is not my intention to propose a complete theory of social rights by addressing both their historical, moral, conceptual and legal. On the contrary, I intend to outline some core aspects which have to be addressed by the theory. I do not intend to develop a comprehensive theory of social rights, but I will address certain crucial issues, in my opinion, on the one hand, one way or another should be addressed by a theory of social rights, and other key elements in building a theory �devalued� social rights and therefore deserve some response. I will identify these issues as follows: the chronological problem, the structural problem and economic problem.