La apuesta por un reconocimiento constitucional amplio del derecho al trabajo y a la seguridad social en Ecuador.
The recognition of the right to work in the post-war social constitutionalism was marked by, among many things, the inclusion of the division of labor between the paid and the unpaid one. On one hand, the paid labor was integrated and recognized in the constitutional norms and was the base for many...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6567137 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 47, 2017, pags. 169-191 |
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| Summary: |
The recognition of the right to work in the post-war social constitutionalism was marked
by, among many things, the inclusion of the division of labor between the paid and the unpaid
one. On one hand, the paid labor was integrated and recognized in the constitutional norms and
was the base for many social rights. On the other hand, unpaid labor is completely deprived of
constitutional and normative recognition and therefore is deemed to be ignored and accumulated
under the paid labor. This classification is based on the division of work by gender introduced by
the alliance between the patriarchy and the capitalist system that was absorbed by the norms of the
post-war social constitutionalism. The division of labor by gender under this constitutional frame
has pervaded the norms that have ruled the social security of workers. Is it possible to recognize
the unpaid labor (or care-work) in constitutional terms and ensure its rights? This article supports
the idea that it is not only possible but also essential; the recognition process must involve the
protection of the rights of the people that do unpaid care-work.
Ecuador’s constitution shows the way in which new Latin American constitutionalism has
included a wide conception of labor, a definition that encompass labor valued in economic terms
or paid as well as unpaid work related to care and life reproduction.
Nevertheless, Ecuador’s example is central to strength the normative development of the previous
law, because it shows that even when it is possible to change the definition of work it does not
imply that it is going to be easy in legislative technical terms and from a doctrinal point of view. |
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