Una radiografía constitucional de los derechos sociales
The constitutionalizing of the original content of socialization that is inherent in the clause of the social and democratic state of law supposes to recognize a set of minimum existential conditions that constitute necessary preconditions to establish and preserve a constitutional democracy. These...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8500596 |
| Source: | Saber y Justicia, ISSN 2305-2589, Vol. 2, Nº. 20, 2021 (Ejemplar dedicado a: Saber y Justicia), pags. 5-34 |
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| Summary: |
The constitutionalizing of the original content of socialization that is inherent in the clause of the social and democratic state of law supposes to recognize a set of minimum existential conditions that constitute necessary preconditions to establish and preserve a constitutional democracy. These conditions are part of the “essential content” of social rights, which are located at the same normative level as fundamental freedoms and political rights. In this article we try to demonstrate that social rights are authentic fundamental rights that are guaranteed in international treaties, as well as in the constitutional text. Social rights have a structure common to the “classic” freedoms and political rights because both categories impose positive and negative obligations that recognize a legal position in favor of people. |
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