Abstract

ETCHICHURY*, Horacio Javier. Federalism is no excuse: Argentina’s provinces and social rights. Trab. soc. [online]. 2019, n.33, pp.321-330. ISSN 1514-6871.

This article intends to demonstrate that each Argentinean province has a duty to respect, protect and fulfill a broad set of social rights. This includes rights enshrined in its local constitution; rights recognized in Argentina’s constitution and international treaties ratified by Argentina, with or without constitutional rank; and rights established by federal authorities in use of powers transferred to them by the provinces. This conclusion is based in constitutional supremacy and provincial powers to enact local constitutions. The article rejects the use of federalism as an excuse to exempt Provinces from their duties with regard to social rights. In addition to that, the article stresses the relevance of these legally binding rights in connection with social policy design and analysis.

Keywords : social rights; federalism; provincial constitutions.

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