Limits and evolution of social rights Towards its individualization?

  • Catalina Ruiz-Rico Ruiz
DOI: https://doi.org/10.18543/ed-65(1)-2017pp271-299
Keywords: Social rights, equality, discrimination, individualization

Abstract

Legal introspection in equality as the limit of social rights makes possible the revisionism of the current model and its presuppositions around the universality and sealed collective. The mainstreaming of equality contributes to the founding of social rights and to reinforcing their legal linkage, but also to making the discriminatory effects of equal treatment between the rights holders visible. The abstraction of differentiating elements with legal relevance in the design of social policies, the inapplication of the principle of progressivity, the absence of evaluation of the derived results, are based on constitutional control. Indirect discrimination, multiple and by personal, family or social circumstances are aroused in the practical development of social rights, questioning their constitutionality. As an antidiscrimination and efficacy mechanism, this study raises the legal possibility of individual rights over social rights, based on the present tendency of a personalized right to social services. 

Published online: 30 July 2017

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Published
2017-06-30
How to Cite
Ruiz-Rico Ruiz, Catalina. 2017. “Limits and Evolution of Social Rights Towards Its Individualization?”. Estudios De Deusto 65 (1), 271-99. https://doi.org/10.18543/ed-65(1)-2017pp271-299.
Issue
Vol. 65 No. 1 (2017)
Section
Studies

Last update: 08/02/2022

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