Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Arguments For and Against Social Rights

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Societies Without Borders

I investigate the semantic and practical complexity of social rights, together with the obligations which correspond to the public authorities in terms of putting them into practice. I also discuss the role of meaningful economic equality in the discourse of social rights, explaining the points at which the two concepts interact, and the ways that formal equality can be improved. Finally, I reach the conclusion that there are two distinct meanings of the concept of discrimination, one which is equivalent to any violation of the general principal of equality, and another stricter one, which is the infringement of equality when any of the proscribed differentiating factors are present (race, sex, etc.). The legal aspect of the mandate to exercise and guarantee social rights is manifest in the programmed objective, as well as in the fact that the measures aimed at this objective are protected from the possibility of compliance.

In this way, social rights constitute subjective rights, representing a programme through which goods would be distributed evenly among public, collective and private interests. This results in a singular structure with a special mechanism by which the State has to provide assistance and services, and create, strengthen and promote the conditions allowing individuals and groups to satisfy their needs. Thus their obligations are also related to the prerequisites for exercising positive liberty. The main point of departure is that individuals are moral subjects endowed with dignity. It defends the idea that we all have real capacity for choice and that we all direct our existence towards certain aims in life.

Affiliations: 1: University of Alcalá, Spain


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Societies Without Borders — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation