Sistema internacional de derechos humanos. La superación de la idea del menor valor y protección para los derechos económicos, sociales y culturales
This work aims to provide an overview of the idea of the actual condition of human rights, seeking to introduce a critical view on them, with a special attention to social and cultural economic rights. The vision of traditional constitutionalism considers civil and political rights in a specif...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8077126 |
| Source: | Vox Juris, ISSN 1812-6804, Vol. 38, Nº. 2, 2020, pags. 145-161 |
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| Summary: |
This work aims to provide an overview of
the idea of the actual condition of human
rights, seeking to introduce a critical view
on them, with a special attention to social
and cultural economic rights. The vision of
traditional constitutionalism considers civil
and political rights in a specific way
because they are formally guaranteed, it is,
they are rights that can be prosecuted and
claimed at the courts. For this reason, these
would be the human rights themselves. On
the other side, from this same reason, there
would be economic, social and cultural
rights, which would only become mere
guiding principles that inform positive
legislation, judicial practice and acts of
public authorities, as it establishes, for
example, the Spanish Constitution of 1978.
This situation crash with the idea of the
indivisibility and interdependence of rights,
an idea, according to which, the rights are
linked by the same entity of principles and,
being so, would not fit, among them, greater
or lesser hierarchy of importance, respect
and protection, as they are also rights
themselves. |
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