Abstract

ARCIDIACONO, Pilar  and  GAMALLO, Gustavo. Social policies and social rights judicialization. Temas debates (En línea) [online]. 2011, n.22, pp.65-85. ISSN 1853-984X.

Which is the specificity of social rights and how are they linked with the social needs? Which is the relation between social welfare, demercantilization and justiciability of social rights? Higher level of activism in social rights, is a solution to the lack of access of the population to the goods and social services? Is this a way to break the barriers to canalize unsatisfied social demands in the public agenda? The current movement in favor of justiciablity social rights tends, in some cases, to emphasize the elimination of its differences with civil and political rights. Likewise, the incapability of the classic democratic institutions to face issues linked with poverty, inequality and exclusion is the argument that urges to affected groups to demand the judicial intervention in those cases of lack of access to goods and social services. Under these premises, we first propose to aknowledge, the conceptual specificity of ESCR. Secondly, we raise critical approaches on justiciability of the social rights. A further objective is to establish common issues between the collective provision of satisfactores and to the conditions of political and legal demands concerning about individual rights.

Keywords : Welfare; Social rights; Demercantilization.

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