Fundamentality and exigibility of social rights: an argumentative proposal
DOI:
https://doi.org/10.17533/udea.esde.332214Keywords:
Social Right State, fundamentality, social rights, justiciability, exigibility, factual freedom, basic necessities, dignity, equalityAbstract
The conceming offinding routes ofjusticiability of social rights, has opaque the discussion on its nature and has left the sensation of which the existence of the right -under the heading of fundamental- depends exc1usively of its justiciability. However, what is supported here, it is that the justiciabilidad more than an ex ante condition to determine the existence of a fundamental right, it is an ex post consequence of its fundamentality, so that the urgent task is to find "valid and sufficient reasons" to argue the fundamentality of social rights, those that appear here are: the extension offreedom principIe, basic necessities and hurnan dignity and the restatement of equality principle.
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