Fundamentality and exigibility of social rights: an argumentative proposal
DOI:
https://doi.org/10.17533/udea.esde.332236Keywords:
Social Right State, fundamentality, social rights, justiciability, exigibility, factual freedom, basic necessities, dignity, equalityAbstract
The concerning of finding routes ofj usticiability 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 exclusively 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 urgenttask isto find "valid and sufficient reasons" to argue the fundamentahty of social rights, those that appear here are: the extension of freedom principIe, basic necessities and human dignity and the restatement of equality principie.
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