The right to decent work. On the effectiveness of the constitutional right to work in the face of the digital disruption
Abstract
This study examines the scope and practical effectiveness of the constitutional right to work in Spain. It begins by analysing the constitutional configuration of this right as set out in Article 35 of the Constitution, highlighting its dual nature as a subjective right and a social duty, which leads it to be identified as ‘mixed’ in nature, straddling fundamental rights in the strict sense and the guiding principles of social and economic policy. The notion of decent work as a parameter of job quality is analysed, linking the effectiveness of this right to the human dignity enshrined in Article 10 of the Spanish Constitution. Recent technological transformations, such as those resulting from the rise of the platform economy, artificial intelligence and teleworking, have had a major impact on the labour market, making it a priority to strengthen the effective implementation of this constitutional right within the current framework.
Received: 18 September 2025
Accepted: 6 November 2025
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Last update: 08/02/2022
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