Abstract
The present research article will relate about the theory of social rights, essentially, it will address the study of some reasons for the construction of a legal theory of social rights as fundamental rights. In this way, it seeks to deny the supposed difference between the categories of civil and political rights and social rights sustained by reasons of history, provision, indetermination, cost and a subjective character. Thus, good arguments will be provided to defend the constitutionalization (positivization) and the development of the features of fundamental social rights (subjective and objective dimensions).
Highlights
The present research article will relate about the theory of social rights, essentially, it will address the study of some reasons for the construction of a legal theory of social rights as fundamental rights
The argument of the cost of rights is not solid enough to affirm the distinction between social rights and civil and political rights and, these should not have a different legal effect, since all rights discussed above correspond to positive actions by the State, which obviously entails an economic cost, which is characteristic of all rights, without exclusion
The alleged difference between the categories of rights carried out by a sector of legal literature is surrounded by a liberal ideological mantle, which has the purpose to support a dissimilar protection of social rights, based on a high indeterminacy, its costly character and the refusal to be considered as subjective rights
Summary
13 The Colombian Constitutional Court through Sentence T-769-2008 –dated 31 July 2008– stated that between civil and political rights and social rights, there is no such sustained difference, and it is only possible to use that argument for methodological issues, not because of its benefit right character, because all the rights have a positive side.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
