Abstract

MARTINEZ MARTINEZ, Verónica Lidia. Essential Content and Justiciability of Social Security. Díkaion [online]. 2022, vol.31, n.1, pp.177-209.  Epub June 16, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.1.8.

This work analyzes the regulation, essential content, and justiciability of social security in the European, Inter-American, and universal systems to protect human rights. Social security differs from the right to work; it is common to confuse them due to their interdependence and mutual linkage. The analytical method is used to study international treaties and account for social security regulation as a human right, instrument, and fundamental principle of lasting peace. This method is also employed to address the essential content of social security as a crucial hermeneutical criterion for its characterization and delimitation, carried out by the authorized bodies in the interpretation of the human rights norms provided for in international instruments, as well as in the safeguarding and justiciability of this human right. Meanwhile, the comparative method is applied when addressing the direct and indirect justiciability of social security based on leading international courts' judgments and case-law reasoning in contrast to the arguments that deny its justiciability.

Keywords : Social security; economic rights; social rights; cultural rights; environmental rights; justiciability; essential content; interdependence.

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