LOS DERECHOS SOCIALES COMO CATEGORÍA NORMATIVA EN LA CONSTITUCIÓN ESPAÑOLA

Abstract

Although the Spanish Constitution does not specifi cally contain the term “social rights”, a number of provisions are set out in Part I that may be included in said classifi cation, in that they relate in some way to the task of welfare assumed by the State. In essence, social rights raise two main issues: on the one hand, the question of their recognition as constitutional rights; on the other, the question of their constitutional guarantee, that is, their eff ectiveness and implementation especially in court. As a legal category it is not defi ned by its legal nature nor by its status, but responds to a more complex concept. Th is incorporates multiple criteria that have as their common denominator their constitutional role in the legal system, that is their orientation towards making real the principle of equality through the so-called “decommodifi cation” of certain conditions.