Abstract

BONET DE VIOLA, Ana María. Consequences of the classification of human rights in generations in relation to the justiciability of social rights. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2016, vol.46, n.124, pp.17-32. ISSN 0120-3886.

Abstract This paper analyzes the theoretical debate about the justiciability of the Human Rights of Second generation, particularly on social rights. It is here sustained that this justiciability is still pending due to the classic conception of Human Rights as basic fundamental liberties expressed in the traditional classification of Human Rights in generations. In fact, this classification allows the overvaluation of civil and politics rights over social rights. In return, this article advocates a change of paradigm to overcome this classification that translates into division, by prioritizing the interdependence and indivisibility of human rights based on the justiciability of social rights.

Keywords : Second generation of human rights; social rights; human rights; justiciability of social rights; fundamental rights.

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